PUBLIC OFFER AGREEMENT
Latest update: 06.01.2023
THIS AGREEMENT IS CONCLUDED WITH THE PURPOSE OF REGULATING THE LEGAL RELATIONSHIP BETWEEN THE CUSTOMER AND THE CONTRACTOR, AND ALSO WITH THE PURPOSE OF DETERMINING THE RIGHTS, OBLIGATIONS, AND WARRANTIES OF THE PARTIES. THE CONCLUSION OF THIS AGREEMENT IS MANDATORY IF THE CUSTOMER WISHES TO RECEIVE THE SERVICES OF THE CONTRACTOR.
This Public Offer Agreement (hereinafter referred to as the "Agreement") is concluded between the Individual entrepreneur Oleksandr Volodymyrovych Rebrov, registered and operating by the legislation of Ukraine (hereinafter referred to as the "Executor", "we", "us", "our"), on the one hand, and by you (hereinafter - "Customer", "you", "your") on the other hand regarding the use of the Services of the Contractor, as well as access to the website https://dinoxtech.com/en. The Contractor and the Customer are collectively referred to as the "Parties", and each individually as a "Party".
If you do not agree with the terms of this Agreement, do not use the Site and Services.
The headings contained in this Agreement are for informational purposes only.
Site is the website https://dinoxtech.com/en and its subdomains, through which the Contractor can provide Services to Visitors and Customers (hereinafter collectively referred to as "Customer(s)").
Services - consulting services in the field of informatization, analytics and automation of existing processes, development and technical support of software, as well as other related services provided by the Contractor to the Customers under the terms of this Agreement.
Account - the personal user account on the Site, through which he/she can use the Contractor's Services.
Visitor - a person who uses the Site and the Contractor's Services without registering an Account.
User - a person who uses the Site through his/her Account to receive the Contractor's Services.
Payment system - a money transfer system that provides the ability to make payments.
Technical assignment - a task that contains a specification of the results of the Services agreed by the Parties through communication tools available on the Site.
1. General provisions
1.1. This Agreement is a public offer and a proposal within the meaning of Articles 633 and 641 of the Civil Code of Ukraine. This Agreement is also an adherence agreement within the meaning of Article 634 of the Civil Code of Ukraine, which means that its provisions are the same for all Customers and cannot be changed by them.
1.2. Each of the Parties confirms and guarantees to the other Party that it has all the necessary and sufficient rights and powers to enter into this Agreement and to fulfill its terms. If you use the Site and Services on behalf of a legal entity, you represent and warrant that you have the right and authority to accept this Agreement on behalf of such legal entity and bind it to the terms of this Agreement.
1.3. The current version of this Agreement is published on the Site. You must familiarize yourself with the terms of this Agreement prior to accepting its terms and using the Site and the Performer's Services. Acceptance of the terms of this Agreement constitutes the full and unconditional agreement of the Customer with all the terms of this Agreement without any exceptions or limitations and has the same legal force as the conclusion of a bilateral written agreement in accordance with the legislation of Ukraine (part 2 of article 642 of the Civil Code of Ukraine).
1.4. The Agreement is considered concluded (accepted) by the Customer after the following actions are performed in full:
2. Subject of the Agreement
2.1. In accordance with the terms of this Agreement, the Performer undertakes to provide the Services to the Customer, and the Customer undertakes to pay for such Services on the terms determined by this Agreement.
2.2. The list of Services that the Customer may receive under this Agreement is defined on the Site at the following link: https://dinoxtech.com/en/payment/. All existing Services at the time of this Agreement, as well as any new or updated Services, are subject to this Agreement.
3. Procedure for providing Services
3.1. When you visit the Site as a Visitor, we offer you the following functional capabilities of the Site:
3.2. When you visit the Site as a User, we offer you the same services as Visitors, and additionally we provide you with access to the following functional capabilities of the Site:
3.3. In order to obtain the Services of the Contractor, the Customer needs to contact the Contractor using the communication methods available on the Site. Using the selected communication methods, the Parties agree on the specific types and specifications of the Services that will be provided to the Customer by the Contractor, the Technical Assignment, the method of payment for such Services, in accordance with the options provided by clause 4.2. of the Agreement, as well as other features regarding the provision of Services (hereinafter collectively referred to as the "Task").
3.4. Upon agreement on the Task, the Customer is obliged to fill out the form available on the Site regarding each format of the Services by following the link: https://dinoxtech.com/en/payment/, in accordance with the agreed format of the Services selected by the Customer.
3.5. Based on the agreement with the Customer in accordance with clause 3.3. of the Agreement and upon receiving information from the Customer in accordance with clause 3.4. of the Agreement, the Contractor begins to provide Services within the Task:
3.6. The Customer can check the results of the Services provided by the Contractor within the Task, within 30 (thirty) calendar days from the date of receiving the corresponding results of the Services on the conditions agreed upon by the Parties through communication tools available on the Website ("Trial Period"). In case of discrepancies between the results of the Services and the requirements of the relevant Technical Task within the time limits of the Trial Period ("Defect"), the Parties may agree on the procedure and deadlines for correcting such Defects in the results of the Services. The number of requests from the Customer for correction of Defects in the results of the Services within one Task is not more than 5 (five).
3.7. In order to provide the Services properly, the Contractor may cooperate with third parties within the framework of separate agreements between the Contractor and such third parties, unless otherwise determined by the Contractor.
3.8. The executor reserves the right to change:
3.9. The Contractor posts up-to-date information about the Services on the Site.
3.10. The Customer has the right to refuse to receive the Services by notifying the Contractor of such a decision in writing by sending a corresponding message using the agreed means of communication available on the Site. In such a case, the cost of the actually provided Services must be paid, and already paid funds are not returned, except for the cases provided for in this Agreement.
4. Cost of Services and payment procedure
4.1. Information about the cost of Services is posted on the Site and depends on the type of Services and the number of hours required to provide such Services, which are determined by agreement of the Parties in accordance with the terms of this Agreement.
4.2. The cost of the Services can be paid in one of the following ways:
4.3. The Customer pays for the Services by transferring the cost of the corresponding selected Services to the Contractor's bank account in full. Any payment in accordance with this Agreement is considered to have been made from the moment the funds are fully credited to the Contractor's bank account.
4.5. Payment is made in the national currency of Ukraine - hryvnia. At the same time, the cost of Services on the Site may be additionally indicated in another currency. The terms of currency conversion and value conversion are determined by the terms of the Payment System.
As a general rule, we do not refund the cost of the Services paid by the Customer. However, if the Customer ordered the Services on a 100% subscription basis and is not satisfied with the quality of the Services and/or the Services were not provided, such Customer may notify the Contractor about this within 7 (seven) days from the moment the Services start to be provided in accordance with clause 3.5. of the Agreement using the agreed means of communication available on the Site, and the Contractor may return the cost of the respective paid Services in full or in part upon the agreement of the Parties. At the same time, the Contractor at his own discretion may deduct the amount of organizational and other expenses incurred by the Contractor in connection with the provision of the relevant Services in the amount of 10 (ten)% of the cost of the relevant Services from the amount paid by the Customer.
5. Rights and obligations of the Parties
5.1. Rights of the Customer:
5.2. Obligations of the Customer:
make payment for the Services on the terms specified in this Agreement;
5.3. Rights of the Performer:
5.4. Duties of the Executor:
6. Intellectual property rights
6.1. Artist Content
6.2. Results of the Services
6.3. Objects of the Performer
7. Confidential information
7.1. In the process of obtaining the Contractor's Services, the Customer may gain access to the Contractor's confidential information, which such Customer is obliged not to disclose to any third parties without the prior written consent of the Contractor.
7.2. The terms of confidentiality are valid during the entire term of this Agreement and 3 (three) years after the expiry of the term or termination of the Agreement.
7.3. The User is obliged to independently ensure the confidentiality of his access identifiers to the Account: registration name (login), e-mail address, password and other access identifiers that may be determined by the Contractor.
7.4. The Contractor bears no responsibility and does not indemnify for any actions related to the use of access identifiers to the User's Account.
8. Personal data
9.1. For non-fulfilment or improper fulfillment of obligations under this Agreement, the Parties bear the responsibility provided for by this Agreement and the current legislation of Ukraine.
9.2. If in the process of receiving Services from the Contractor or using the Site, the Customer will take actions that cause or may cause damage and/or losses to the Contractor or to third parties, including those who were engaged by the Contractor to provide the Services properly, the Customer shall obliged to compensate the Contractor and/or relevant third parties for all damages and losses caused.
9.3. In the event of a breach by the Customer of the terms of confidentiality or use of intellectual property rights provided for in this Agreement, the Customer is obliged to compensate the Contractor for all damages and losses incurred as a result of such a breach.
9.4. Limitation of liability
10. Force majeure
10.1. The Parties are fully or partially released from responsibility for failure to fulfill or improper fulfillment of the terms of this Agreement, which occurred as a result of force majeure (circumstances of force majeure), which became an obstacle for the Parties to fulfill their obligations in accordance with the terms of this Agreement.
10.2. Circumstances of force majeure (force majeure) include, without limitation, any extraordinary events, namely: war or hostilities, epidemics, pandemics, fires, natural disasters, accidents in power supply networks, changes in current legislation, which can interfere with the Party fulfill obligations under this Agreement or cause changes in the pricing procedure and fulfillment of the terms of the Agreement, as well as any other events that may be recognized by the court as a force majeure circumstance.
10.3. The Party for which the performance of this Agreement has become impossible due to the occurrence of circumstances of force majeure (force majeure) is obliged to notify the other Party of this no later than 10 (ten) calendar days from the moment of occurrence of such circumstances. Untimely notification of the occurrence of circumstances of force majeure (force majeure) deprives the relevant Party of the opportunity to refer to them.
10.4. The term of performance of obligations under this Agreement is extended for the period of force majeure. If force majeure continues for more than 30 (thirty) calendar days, each of the Parties has the right to demand termination of this Agreement.
10.5. The occurrence of circumstances of force majeure (force majeure) is confirmed by a document issued by the relevant authorized body.
11. Term of validity of the Agreement and the procedure for its termination
11.1. The contract is considered concluded after the Customer has performed the actions provided for in clause 1.4. of this Agreement, and is valid until the Parties fully fulfill their obligations under this Agreement.
11.2. The Customer has the right to terminate this Agreement at any time by notifying the Contractor of such a decision in writing using the communication methods available on the Site, unless the Contractor determines a different procedure for termination of the Agreement for the Customer. In such a case, the cost of the actually provided Services must be paid, and already paid funds are not returned, except for the cases provided for in this Agreement.
11.3. The Contractor has the right to terminate this Agreement unilaterally at any time in case of violation by the Customer of the terms of this Agreement, applicable legislation or for any other reasons determined at the discretion of the Contractor. In such a case, the cost of the actually provided Services must be paid, and the funds paid by the Customer to the Contractor under this Agreement shall not be returned to the Customer in any case.
12. Final provisions
12.1. Changes to the Agreement
12.2. Settlement of Disputes
12.3. Completeness and indivisibility of the Agreement
12.4. Applicable law
All issues related to the Services, the Site and this Agreement are governed by the laws of Ukraine.
You use the Site and Services at your own risk and responsibility. You agree to indemnify and hold us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers and employees harmless from any claims, demands, liabilities, including reasonable attorneys' fees, that related to your use of the Site and Services, or any violation of this Agreement or applicable law.
13. Contact us
You can contact us with any questions regarding the Site and Services using the means of communication available on the Site at the following link: https://dinoxtech.com/en/contact-us/