PUBLIC OFFER AGREEMENT ON PROVISION OF SERVICES ON API INTEGRATION AND INFORMATION SYSTEMS, AS WELL AS CONSULTING AND TRAINING API INTEGRATION OF INFORMATION SYSTEMS
1. GENERAL PROVISIONS
1.1. FOP Shevchenko Konstantin Vyacheslavovich, hereinafter referred to as the “Contractor”, publishes this Offer, hereinafter the “Offer”, which is a public offer in relation to an unlimited circle of site users (hereinafter referred to as the “Customer”).
1.3. This Offer comes into force and acquires the status of an agreement from the moment of its acceptance by the Customer.
2. SUBJECT OF THE OFFER
2.1. In accordance with the Offer, the Customer instructs and pays, and the Contractor assumes the obligation to provide the Customer with integration services (hereinafter referred to as API Integration) of information systems (hereinafter referred to as Information Systems) if technically feasible and / or the Customer meets the necessary criteria for receiving the service. Services are rendered through the adaptation of Information Systems to the Information Systems of the Customer, namely in the presence of an Application Programming Interface (API) (hereinafter referred to as API). Integration is understood as a set of actions agreed with the Customer and necessary for the full implementation of the Integration
2.2. As part of the Offer, the Contractor provides the following services:
2.2.1. Assistance in drawing up an assignment for the development of API Integration.
2.2.2. Implementation of API Integration.
2.2.3. Consulting support and training API Integration.
2.3. The procedure for the Integration is agreed by the Parties in the development assignment sent by the Contractor to the Customer’s e-mail address.
2.4. The term of the Integration depends on the complexity of the Integration itself. The calculation of the time spent is carried out by the Contractor on an individual basis and sent by the Contractor to the Customer’s e-mail address.
2.5. The cost of the service depends on the time spent by the Contractor to perform the service.
2.6. Consulting support and training of API Integration is carried out exclusively within the framework of correspondence by e-mail or in messengers.
2.7. The procedure for conducting Consultations and training API Integration is agreed by the Parties through the exchange of e-mails.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The contractor is obliged:
3.1.1. Provide the Customer with all the necessary information as part of the provision of services, in particular, provide consulting and technical support regarding the services provided, the procedure and rules for filling out an Application to an e-mail address
3.1.2. Provide the services provided for by the Offer, the Development Task, in an appropriate manner and within the time frame established by the Parties.
3.2. The contractor has the right:
3.2.1. Change the cost of services, dates and times of the Integration. The cost of the Integration can be changed if the Customer changes the parameters in comparison with the parameters specified in the Development Assignment. The customer is notified of the change by email
3.2.2. Request from the Customer the data (information) necessary for the provision of services. The request is sent to the email address.
3.2.3. Suspend the provision of services if the Customer violates the payment procedure or if the Customer fails to provide the data (information) necessary for the provision of services and requested by the Contractor.
3.3. The customer is obliged:
3.3.1. Timely pay for the services of the Contractor under this Agreement.
3.3.2. Provide by the beginning of the provision of services the necessary technical conditions for their provision, specified by the Contractor.
3.3.3. In drawing up a task for the development of API Integration, indicate the method of testing the result of the service provided and which result the Customer considers to be positive.
3.4. The customer has the right:
3.4.1. Check the progress and quality of the provision of the Services without interfering with the activities of the Contractor.
3.5. Before the start of the provision of services, the Customer is obliged to inform the Contractor of the following data:
3.5.1. Active email for communication
3.5.2. Name of Information Systems for Integration and Description of the Task
3.6. Before the start of the provision of services, the Customer is obliged to provide access to the Contractor:
3.6.1. Access with Administrator rights to the Integromat.com account by email: firstname.lastname@example.org
3.6.2. To personal accounts of other systems that need to be connected to the Customer, if necessary.
3.7. The customer has the right:
3.7.1. Establish the required level of provided access to the required systems.
3.7.2. Personally control the provided access to systems.
3.8. The customer is obliged:
3.8.1. Pick up the provided accesses to the systems, after completing the indication of services for the API integration.
3.9. The Contractor undertakes:
3.9.1. Not to use the Customer’s data in systems for purposes not intended for the performance of these services.
3.9.2. Use the Customer’s data in the systems, exclusively, within the framework of the tasks set by the Customer at the direction of the services.
3.9.3. Do not transfer to third parties the access to the systems provided by the Customer.
4. PROCEDURE OF SETTLEMENTS UNDER THE OFFER AGREEMENT
4.1. The cost of providing services is determined by the Contractor. After that, the Customer is invoiced for the corresponding amount of funds to the e-mail address.
4.2. Prepayment for services is made by the Customer by payment in the amount of 50% of the cost of services before the start of the provision of services on the basis of an invoice issued by the Contractor to the e-mail address.
4.3. The date of payment is the date of receipt of funds to the settlement account of the Contractor.
4.4. The actual payment for services is made by the Customer after the provision of services on the basis of the invoice issued by the Contractor to the e-mail address.
4.5. All payments under the Agreement are made according to the bank details of the Parties specified in the Agreement, unless other details are indicated in the invoice for payment.
4.6. The Customer pays for the Order using: Online payment service Liqpay or Way For Pay.
4.7. Non-fulfillment or improper fulfillment by the Customer of its obligations to pay for services allows the Contractor to fully or partially suspend the fulfillment of its obligations under this Offer or completely refuse to fulfill the obligations assumed under the Offer without reimbursing any losses to the Customer.
4.8. In the course of performing the services, when new circumstances are revealed and the development period is increased, all corrections are at the expense of the Customer.
4.9. The remuneration paid to the Contractor can be returned to the Customer at his written request in the following cases:
a) the occurrence of unforeseen circumstances during the execution of the service and the impossibility to complete the Integration, the Customer is refunded 25% of the prepayment for the service, taking into account the deduction of funds for the time spent by the Contractor
b) The Contractor has the right to refuse to return the remuneration to the Customer if the terms of this Offer are violated.
4.10. Refund procedure:
In case of receipt from the Customer of a written request for a refund, the contractor undertakes to return the funds paid by the Customer according to the details specified by the customer, no later than 5 (five) working days from the date of receipt of the written original request for a refund from the Customer.
4.11. All bank fees associated with the return of funds are paid by the Customer, the date of the return of funds is the date of the actual execution by the Contractor’s bank of the order to transfer funds.
5. ORDER OF DELIVERY AND ACCEPTANCE OF SERVICES
5.1. After the provision of services, the Contractor provides a list of services provided, instructions for use and the results of testing the API Integration, and sends it to the Customer by e-mail.
5.2. The customer is obliged to consider the list of services provided, instructions for use and the results of testing the API Integration within 2 (two) business days from the date of sending and pay the actual invoice for the performance of the service, or send motivated objections in writing. If within the specified time frame the Customer does not send motivated objections, the services are considered accepted in full and subsequent claims are not accepted, and must be paid.
5.3. The Contractor, having received a motivated letter from the Customer about the services provided, is obliged to make all reasonable efforts necessary to correct the deficiencies, after which the Customer re-examines and accepts the services. Comments on the services provided cannot go beyond the services provided under the Agreement, taking into account the parameters specified in the Development Assignment.
6. RESPONSIBILITY OF THE PARTIES
6.1. The Contractor shall not be liable in the event of improper provision of the service, if the improper performance was the result of inaccuracy, inadequacy or untimely information provided by the Customer, as well as due to other violations of the terms of this Offer Agreement by the Customer, as well as a consequence of the technical impossibility of providing the corresponding service.
6.2. The parties are responsible for non-fulfillment or for improper fulfillment of obligations assumed under this Offer in accordance with the terms of this Offer.
6.3 The Parties are not responsible for non-fulfillment of obligations under this Agreement in the event of force majeure circumstances.
6.4 The amount of any losses, expenses, damage that may be caused by non-fulfillment or improper fulfillment of its obligations by the Contractor cannot exceed the total amount of funds received by the Contractor from the Customer under this agreement.
7. EXCLUSIVE RIGHTS TO THE CONTENT OF SERVICES AND CONTENT
7.1. All objects available through the services of the Contractor, including those used by the Contractor during consultations, including design elements, texts, graphics, illustrations, videos, databases, music, sound and other objects (hereinafter referred to as the content of the services), as well as any content posted on the Contractor’s website are subject to the exclusive rights of the Contractor.
7.2. The use of content, as well as any other elements of the Contractor’s services, is possible only within the framework of the functionality offered by this or that service. No elements of the content of the services of the Company, as well as any content posted on the services of the Company, can not be used in any other way without the prior written permission of the copyright holder, including the Contractor, if the latter is the copyright holder in relation to the corresponding result of intellectual activity. By use is meant, including: copying, reproduction, processing, distribution, etc.
8. PERSONAL DATA OF THE CUSTOMER
8.1 The Customer gives his consent to the processing by the Contractor (including receiving from the Customer and / or any third parties, taking into account the requirements determined by this law) of the Customer’s personal data and confirms that, by giving such consent, he acts of his own free will and in his interest. Consent is given by the Customer for the purpose of concluding the Agreement with the Contractor and its further execution, the provision of services by the Contractor, participation in ongoing promotions, making decisions or taking other actions that generate legal consequences in relation to the Customer or other persons and applies to the last name, first name, patronymic, address and any other information relating to the identity of the Customer, available or known at any given time to the Contractor (hereinafter referred to as personal data).
8.2 This consent is given by the Customer before the expiration of the storage time of the relevant information or documents containing the above information, determined in accordance with the legislation, after which it can be withdrawn by the Customer by sending a corresponding written notice to the Contractor at least 3 (three) months before the withdrawal of consent.
8.3 In case of withdrawal of the Customer’s consent to the processing of personal data, the Contractor has the right not to stop processing personal data and not to destroy them, if the storage periods for documents stipulated by the legislation at the time of withdrawal have not expired. At the same time, the corresponding actions when continuing to process the personal data of the Customer are considered acceptance. This consent is granted for the implementation of any actions in relation to personal data that are necessary or desirable to achieve the above goals, including, without limitation: collection, systematization, accumulation, storage, clarification (update, change), use, distribution (incl. transfer), depersonalization, blocking, destruction, cross-border transfer of personal data, as well as the implementation of any other actions with the personal data of the Customer, taking into account the current legislation of Ukraine. The processing of personal data is carried out by the Contractor using the following main methods (but not limited to them): storage, recording on electronic media and their storage, drawing up lists, storing, if necessary, paper versions of documentation, contracts, passport and other personal data provided by the Customer performer. The Customer hereby acknowledges and confirms that if it is necessary to provide personal data to achieve the above goals to a third party, the Contractor has the right to disclose, in order to perform the above actions, information about the Customer personally (including personal data) to such third parties and their authorized persons, as well as provide such persons with relevant documents containing such information. Also, the Customer hereby acknowledges and confirms that this consent is considered to be given by him to any third parties specified above, subject to the relevant changes, and any such third parties have the right to process personal data on the basis of this consent.
9. CIRCUMSTANCES OF OUTSTANDING FORCE
9.1 The Parties are not responsible for full or partial failure to fulfill obligations under this Agreement due to force majeure circumstances that arose against the will of the Parties and which cannot be foreseen or prevented, namely: earthquake, flood, other natural disasters, war, civil war, blockade, embargo , a strike, the adoption by public authorities of acts that impede the execution of the contract.
9.2 A certificate issued by the local authority is sufficient confirmation of the existence and duration of force majeure circumstances.
9.3 A Party that does not fulfill its obligations due to force majeure circumstances must send a written notification to the other Party within ten calendar days about the obstacle and its effect on the fulfillment of obligations under the Agreement.
9.4 If force majeure circumstances have been in effect for three consecutive months and do not show signs of termination, this Agreement may be terminated by mutual agreement of the Parties, with reimbursement of funds to the customer in proportion to the unfulfilled part of the service.
10. FINAL PROVISIONS
10.1 The expiration of the Agreement is due to the fulfillment by the parties of the obligations arising from this Offer.
10.2 The Customer hereby declares and guarantees to the Contractor that:
a) has all the powers to conclude a contract and fulfill obligations assumed under the contract;
b) perform the actions necessary for the conclusion and execution of the contract, and to ensure that the contract is legal, binding on a party to the contract and enforceable in relation to the other party to the contract;
c) at the time of the conclusion of the contract on the basis of this Offer, there are no provisions in Ukrainian legislation or other regulations, in contracts that are binding on a party to the contract or property that may violate or interfere with the conclusion or execution of the contract, if such circumstances arise in in the course of passing the course, if the performer did not know at the time of sending an acceptance to this Offer about the possible occurrence of such a circumstance, these circumstances will be and will be considered by the parties as force majeure and the parties will act in accordance with the above provisions of Part 9 of this Offer.
10.3 The Parties agreed that in everything else that is not provided for by this Offer, the norms of the current legislation of the country where the Contractor is located, regulating relations under the contract for the provision of services, as well as other norms in cases stipulated by law, will be applied.
10.4 This agreement is concluded in an offer-acceptance form without signing a separate written document by the Parties.
10.5 Electronic document flow between the Parties under this Agreement shall have legal force equal to the legal force of ordinary written document flow, except for the cases specified in clause 4.8. and 4.9. of this offer.
10.6 The Parties have agreed that the Contractor has the right at any time to unilaterally amend this Offer Agreement without any special prior or subsequent notification of users, with the exception of users who, in relation to users who are at one stage or another of the performance of services, there is a rule on their notification of changes in the essential conditions of this offer, which include conditions on the price, terms of performance, the occurrence of force majeure and other conditions that directly affect the rights and obligations of the parties.
10.7 The Parties acknowledge the legal force for e-mails – documents sent by e-mail (e-mail). Such documents are documents drawn up in a simple written form and signed by an analogue of a handwritten signature (e-mail address), since only the Parties themselves and their authorized persons have access to the appropriate means of communication – the e-mail addresses specified in the Agreement. The Parties also have the right, at their discretion or at the request of the other Party, in addition to the analogue of a handwritten signature, to use facsimile reproduction of the signature on documents sent by e-mail. Documents sent by e-mail by one Party are deemed to have been received by the other Party on the day they were sent, and the time frames that depend on the time the document is received by the Party begin to be calculated from the next working or calendar day, depending on the indication in the Offer.
10.8 All disputes, disagreements or claims of the Parties arising from or in connection with this Offer, including those concerning its execution, violation, termination or invalidity, shall be resolved through negotiations between the Parties. If it is impossible to resolve the differences in the pre-trial procedure, they are subject to consideration in court at the location of the Contractor.
10.9 The Parties to this Offer acknowledge electronic correspondence between themselves as written evidence.
NAME OF THE CONTRACTOR:
PP SHEVCHENKO KONSTANTIN VYACHESLAVOVICH,
Taxpayer identification number: 2693212331
Legal and postal address: Ukraine, Kiev, 04114, st. Vyshgorodskaya, 38, 96.
Checking account IBAN: UA473007110000026003052727300
Beneficiary’s bank: PECHERSKA FILIA AT CB “PRIVATBANK”
Telegram channel for communication: https://t.me/konstantin_shevchenko