Public Offer Agreement

This Agreement is an official public offer (offer) of the web studio (hereinafter referred to as Performer) to conclude a service agreement with any individual or legal entity (hereinafter referred to as Customer.) on the terms and conditions set forth below.

Acceptance of this offer means full and unconditional agreement of the Customer with all provisions of this Agreement.

1. General Provisions

1.1. The Contractor provides services for website development, online stores, web design, programming, technical support, integrations, optimization, and other digital solutions.

1.2. The specific list of services, terms of performance, cost and other conditions are determined in the individual agreement, terms of reference or commercial offer agreed between the Parties.

1.3. This Agreement shall govern the general rules of cooperation and shall apply to all individual agreements between the Contractor and the Client, unless otherwise expressly provided for in separate agreements.

2. Subject of the contract

2.1. The Contractor undertakes to provide the Customer with services for the development and implementation of web solutions in accordance with the agreed terms, and the Customer undertakes to accept and pay for such services.

2.2. The scope of work, stages of implementation, functionality, design, and other characteristics of the project are determined in an individual contract or terms of reference.

3. Procedure for concluding an individual contract

3.1. After the Customer's request, the Contractor shall form an individual offer with a description:

• list of services;
• deadlines;
• cost of work;
• Terms of payment;
• other material terms and conditions.

3.2. The agreement of such terms and conditions in writing (by e-mail, messengers or by signing a separate agreement) shall be deemed to be the conclusion of an individual agreement.

3.3 An individual agreement shall take precedence over this Agreement in terms of specific terms of cooperation.

4. Rights and obligations of the parties

4.1. The Contractor undertakes to:

• provide services in a quality manner and within the agreed timeframe;
  
• adhere to the agreed technical specification;
  
• inform the Customer about the progress of the work;
  
• transfer the results of work upon their completion and payment.

4.2. The Customer undertakes to:

• to timely provide all necessary information, materials, and access;
  
• coordinate the stages of work within the established timeframe;
  
• make payments in accordance with the terms of an individual agreement;
  
• not to violate the copyright of the Contractor.

5. Cost of services and payment procedure

5.1. The cost of services is determined in an individual contract or commercial offer.

5.2. Payment can be made in the form of:

• prepayments;
  
• phased payment;
  
• full payment upon completion of the work - depending on the agreed terms.

5.3. Work shall commence upon receipt of prepayment (if stipulated in the cooperation terms).

6. Terms of work performance

6.1. Deadlines are determined individually for each project.

6.2. The terms may change in case of:

• delays in the provision of materials by the Customer;
  
• making changes to the terms of reference;
  
• force majeure circumstances.

7. Copyright

7.1. Property rights to the results of the work are transferred to the Customer after full payment for the services, unless otherwise provided by an individual contract.

7.2. The Contractor has the right to use the completed projects in their portfolio, on their website, and in marketing materials, unless otherwise agreed in writing.

8. Party Responsibility

8.1. The Parties are liable in accordance with applicable law and the terms of the individual contract.

8.2. The Contractor is not responsible for:

• Outages of hosting, servers, third-party services;
  
• Third-party actions;
  
• data loss due to reasons beyond the Contractor's control.

9. Confidentiality

9.1. The Parties undertake not to disclose confidential information obtained in the course of cooperation.

9.2. Confidential information is any technical, commercial, or other information that is not publicly available.

10. Force Majeure

10.1. The Parties are exempted from liability for non-fulfillment of obligations in case of force majeure circumstances (war, natural disasters, network disruptions, decisions of authorities, etc.).

11. Term of agreement

11.1. This Agreement is valid indefinitely from the moment it is published on the Contractor's website.

11.2. Individual agreements are valid within the periods specified in the respective agreements.

12. Final Provisions

12.1. The Provider has the right to amend this Agreement without prior notice by publishing a new version on the website.

12.2. The current version of the Agreement is always available on the Contractor's website.

12.3. All disputes shall be settled through negotiations, and if an agreement cannot be reached, they shall be settled in accordance with the current legislation.

13. Refunds and Termination of Agreement

13.1. This Agreement (offer) comes into force upon its acceptance by the Customer and is valid until the full fulfillment of the obligations of the Parties.
13.2. The Agreement may be amended or terminated by mutual agreement of the Parties, as well as in other cases provided for by this Agreement, an individual agreement, and/or current legislation.
13.3. Termination at the Initiative of the Customer. In case of termination of the individual agreement/cessation of cooperation at the initiative of the Customer, funds actually paid by the Customer to the Contractor shall be refunded minus the cost of services actually rendered and expenses incurred by the Contractor as of the date of termination, proportionate to the scope of work performed.
13.4. Termination at the initiative of the Contractor. In case of termination of the individual agreement at the initiative of the Contractor, the latter shall return to the Customer the funds paid for the services (works) that were not actually provided (not performed).
13.5. Confirmation of Completed Volume. The volume of work performed/services rendered is confirmed by project materials (correspondence, approved mockups/prototypes, commits/repository, technical reports, acceptance certificates/stage approvals, or other agreed-upon methods of documenting results).
13.6. Refund Period and Method. Refunds will be issued using the same method as the original payment, or by another method as agreed upon by the Parties, within 10 (ten) banking days from the moment the refund amount is agreed upon by the Parties, unless otherwise stipulated in an individual agreement.
13.7. Irrecoverable expenses. Payment system/bank fees, domain costs, hosting, licenses, paid modules/plugins, third-party services, as well as work/services of third parties ordered for the project, are considered expenses subject to reimbursement by the Contractor and are non-refundable if such expenses have been actually incurred.
13.8. Changes to the terms and conditions. Changes to the terms of an individual agreement (including payment/refunds) shall be made by the Parties in writing (including electronic correspondence/messengers) or in the form of additional agreements and shall enter into force upon agreement by the Parties.

Contractor Details

Web studio Artko
PE Kompaniyenko Hlib Valeriyovych
Ukraine, 02093, Kyiv, 26 Boryspilska Street, apartment 108
EDRPOU Code: 3649405898
Recipient account in IBAN format: UA173220010000026005340055232