Individual Entrepreneur Chumakova Mariia (hereinafter referred to as the Contractor) by means of this public offer proposes to any individual, legal entity, or individual entrepreneur (hereinafter referred to as the Client) to enter into this Service Agreement (hereinafter referred to as the Agreement).
By accepting the terms set forth below and paying for the services, the legal entity, individual entrepreneur, and/or individual accepting this offer becomes the Client (acceptance of the offer is equivalent to concluding the agreement under the terms described herein).
Therefore, please carefully read the text of this public offer. If you disagree with any clause of the offer, the Contractor invites you to refrain from entering into the Agreement. Lack of awareness or failure to review the Agreement does not exempt you from the obligation to comply with its provisions and terms.
1. TERMS AND DEFINITIONS
1.1. Acceptance - The agreement of an individual or legal entity (acceptor) to accept an offer for collaboration from another party (offeror). Acceptance constitutes a positive response to the offer. Full and unconditional acceptance of the Agreement occurs when the Client pays for the services offered by the Contractor based on the issued invoice.
1.2. Client - An individual or legal entity intending to order or ordering services.
1.3. Parties - The Client and the Contractor.
1.4. Agreement - A service agreement concluded by the Client through acceptance of this offer.
1.5. Website - A collection of information, texts, designs, images, photos, and other intellectual property accessible on the Internet at
https://webcreator.ge/.
1.6. Service Form - An interactive element for entering data necessary for communication between the Client and the Contractor.
1.7. Processing of Personal Data - Any action or series of actions performed with personal data using automated tools or without them, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, usage, transfer (distribution, provision, access), anonymization, blocking, deletion, and destruction of personal data.
1.8. Confidential Information - Any information that has actual or potential value due to its non-disclosure to third parties, is not intended for widespread dissemination, and/or is not available to an unrestricted circle of people in accordance with applicable legislation.
1.9. Disclosure of Confidential Information - Unauthorized actions by a Party resulting in third parties gaining access to or becoming acquainted with Confidential Information. Non-disclosure includes both action and inaction by a Party failing to ensure the appropriate protection of Confidential Information, leading to its access by third parties.
1.10. Supplementary Agreement - A derivative document of the primary Agreement concluded between the Parties that records amended and/or additional conditions.
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement is a public agreement defining the procedure for providing services between the Contractor and the Client.
2.2. Under this Agreement, the Client orders and pays for services, while the Contractor undertakes to provide these services as per the Client’s instructions.
2.3. The Contractor may provide the following services to the Client under this Agreement:
- Development of software;
- Website development;
- Web hosting and data storage services;
- Graphic design services;
- Specialized design activities;
- Advertising agency services;
- Preparation of advertising materials;
- Market research and public opinion studies;
- Other business services mutually agreed upon by the Contractor and the Client.
2.4. The Contractor may also offer the Client insights, forecasts, recommendations, actionable business solutions, and strategic business planning.
2.5. Marketing research involves using a wide range of methodologies, techniques, and tools derived from economics, sociology, etc.
2.6. In some cases, the Contractor may be unable to achieve the desired result for the Client's task. However, in marketing research, a negative result is unlikely; at worst, the Contractor may recommend the Client not implement a business solution to avoid losses.
2.7. The Technical Assignment outlines the requirements for the service results and enables the evaluation of the quality of the provided services.
2.8. The Parties may, by mutual agreement, enter into a Supplementary Agreement to this Agreement.
3. PROCEDURE FOR INTERACTION AND PROVISION OF SERVICES
3.1. Order Placement Procedure
3.1.1. After familiarizing themselves with the terms of the public offer, the Client, using the Contractor's Website tools or any other method (via a phone call, email, etc.), submits a request for services in any form. Based on this request, the Contractor may, at their discretion, send the Client a service request form (hereinafter referred to as the Brief).
3.1.2. If the Client has a Technical Assignment, they send it to the Contractor via email.
3.1.3. When filling out the Service Form on the Website, the Client must provide contact information, which will be subject to the processing of personal data as described on the Website. Notification of the Client's acceptance of the processing of personal data is provided in the Service Form and is also available at
https://webcreator.ge/politics.
3.2. After receiving the completed Brief from the Client, the Contractor drafts a Technical Assignment based on the data from the Brief and sends it to the Client in electronic form for approval.
3.3. The Contractor and the Client do not sign acts. Payment confirms the quality of the services.
3.4. The Client independently prepares and submits to the Contractor all necessary documents, illustrations, photos, video materials, textual information, etc.
3.5. If the Client does not provide the requested materials and/or documents to the Contractor, the Agreement is suspended.
4. PAYMENT PROCEDURE
4.1. Reference information on approximate service rates provided by the Contractor is available for review at
https://webcreator.ge/. These rates are indicative; the cost of services in each specific case is determined by the Contractor and indicated in the invoice based on the specifics of the individual order (Technical Assignment).
4.2. After receiving the Client's approval of the Technical Assignment, the Contractor sends the Client an invoice (or equivalent document) in electronic form for payment. The invoice specifies details of the Contractor and the Client, the Contractor's banking details, a list and scope of ordered services, their cost, and the service provision timeframe, which is calculated from the date the agreed prepayment or full payment amount is received, and the Contractor receives all necessary information and materials from the Client to provide the services. By mutual agreement, the invoice may be signed in written form. Due to the Contractor's Small Business status, services are not subject to VAT.
4.3. All expenses related to payments under this Agreement to the Contractor's account are borne by the Client.
4.4. The Contractor may unilaterally draft the primary accounting document confirming the provision of services to the Client.
4.5. The Parties agree on the form, currency, timing, and frequency of payments.
4.6. Payments are made to the Contractor's bank account in GEL (Georgian Lari) at the exchange rate of the National Bank of Georgia on the payment date for Georgian Clients or Clients located in Georgia. For all others, payments are made in USD to the Contractor's bank account.
4.7. Payments under this Agreement may be made in three ways at the Client's discretion:
- Full prepayment;
- Payment in two equal installments;
- Payment in three installments (25% at the first stage, 50% at the second stage, and 25% at the third stage).
4.8. Services are not provided to the Client until payment is made. Payment is deemed completed when funds are credited to the Contractor's account. If the second or third payment installment is not made under clause 4.6 of the Agreement, the Contractor suspends the provision of Services until subsequent payment is made.
4.9. Payment Methods:
4.9.1. Cash payment – the transfer of cash from the payer (Client) to the recipient (Contractor);
4.9.2. Payment through money transfer systems (Zolotaya Korona, Unistream, Contact, Western Union, etc.);
4.9.3. Bank transfer to the Contractor's account;
4.9.4. Payment to the Contractor's individual entrepreneur account.
4.10. The payment date is considered the date on which the funds are received by the Contractor.
4.11. If the Client proposes changes to the initially approved Technical Assignment during the execution of the order, requests an increase in the scope or list of services, or modifies the method of their implementation, the Contractor has the right, at their discretion, to either refuse the provision of additional services or increase the cost and timeline of the order considering the additional requested services. Additional services not initially agreed upon by the Parties at the conclusion of this Agreement may be performed by the Contractor under a separate Agreement or Supplementary Agreements to the existing Agreement, in accordance with an additional invoice issued by the Contractor to the Client for payment. If the Client fails to pay the additional invoice, the Parties' agreement to amend the Agreement (Technical Assignment) shall be considered not reached, and the Contractor shall continue executing the order in accordance with the initially approved Technical Assignment.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Contractor’s Obligations:
5.1.1. To provide the Client with all necessary information related to the provision of services, including consultation support regarding the services offered, via phone or email, from 10:00 AM to 7:00 PM on business days;
5.1.2. To provide services stipulated by the Agreement in a proper manner and within the timeframes established by the Parties.
5.2. Contractor’s Rights:
5.2.1. To involve third parties in the execution of services while remaining responsible to the Client for the actions of the engaged third parties as for their own. In this case, all rights, obligations, and responsibilities towards the Client under this Agreement remain with the Contractor;
5.2.2. To request from the Client the data (information) necessary for the provision of services. Such requests shall be sent to the Client’s email address or via cross-platform instant messaging systems;
5.2.3. To demand that the Client promptly provide the information and materials required for the provision of services, as stipulated by this Agreement and its annexes.
5.3. Client’s Obligations:
5.3.1. To pay for the Contractor's services on time;
5.3.2. To provide the Contractor with the necessary information and materials required for the provision of services before their commencement within the timeframes indicated by the Contractor;
5.3.3. To respond to the Contractor’s messages within a reasonable timeframe and to assist the Contractor during the service provision process under this Agreement.
5.4. Client’s Rights:
5.4.1. To monitor the progress and quality of the provided services without interfering with the Contractor’s activities;
5.4.2. To demand that the Contractor delivers the results of services performed in strict compliance with the terms of the Agreement and its accompanying documents;
5.4.3. To terminate this Agreement in the event of the Contractor’s failure to fulfill or improper fulfillment of their obligations, provided that the Client compensates the Contractor for any expenses incurred in the Client's interest and pays for services actually performed up to the moment of Agreement termination.
6. TERM OF THE AGREEMENT
6.1. The Agreement comes into effect upon the Client's acceptance and remains valid until the Parties have fully performed their obligations.
6.2. The Contractor may terminate the Agreement unilaterally and extrajudicially by providing notice no later than 5 (five) calendar days prior to the termination date.
6.3. The Client may terminate the Agreement unilaterally and extrajudicially by providing notice no later than 5 (five) calendar days prior to the termination date. In the event of termination, the refund of previously paid funds is carried out as follows:
6.3.1. If the Client notifies the Contractor of their intent to terminate the Agreement before the assignment is agreed upon by the Parties, the Contractor shall refund 100% of the amount paid by the Client;
6.3.2. If the Client notifies the Contractor of their intent to terminate the Agreement within 3 (three) calendar days after the assignment is agreed upon by the Parties, the Contractor shall refund 50% of the amount paid by the Client;
6.3.3. If the Client notifies the Contractor of their intent to terminate the Agreement within 5 (five) calendar days after the assignment is agreed upon by the Parties, the Contractor shall refund 30% of the amount paid by the Client;
6.3.4. If the Client notifies the Contractor of their intent to terminate the Agreement after 7 (seven) calendar days following the assignment's agreement by the Parties, no refund shall be issued to the Client.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. If the Contractor creates results of intellectual activity (hereinafter referred to as "RIA") in the course of performing the work, the Contractor transfers exclusive rights to the RIA to the Client.
7.2. The remuneration for the transfer of exclusive rights to the RIA is included in the cost of the work.
8. CONFIDENTIALITY
8.1. The Parties agree to maintain the confidentiality of information and take all necessary measures to protect it, including in the event of reorganization or liquidation of the Parties. The Parties agree not to disclose or permit the disclosure of Confidential Information to any third parties without prior written consent from the other Party, except in cases of unintentional and/or compelled disclosure due to force majeure, if such information is publicly available, or due to requirements of applicable law, court decisions in the relevant jurisdiction, or demands from competent state authorities.
8.2. The respective Party shall be responsible for the actions (or inactions) of its employees and other individuals who have gained access to Confidential Information.
8.3. The respective Party shall be liable for actual damages caused to the other Party as a result of the disclosure of Confidential Information or unauthorized use of Confidential Information in violation of the terms of this article, except in cases of disclosure stipulated in clause 1.9.
9. DISPUTE RESOLUTION PROCEDURE
9.1. Any disputes, disagreements, or claims that may arise in connection with the performance, termination, or invalidation of the agreement will be resolved through negotiations. The Party raising the claims and/or disagreements shall send a notice to the other Party indicating the claims and/or disagreements.
9.2. If the recipient Party does not respond to the notice within 14 (fourteen) working days from the date of sending the notice, or if the Parties do not reach an agreement regarding the claims and/or disagreements, the dispute shall be resolved in court at the location of the Contractor.
10. MISCELLANEOUS TERMS
10.1. If the Contractor has delivered the completed assignment to the Client, and the Client does not accept it within 3 (three) days, the work acceptance (service provision) will be considered completed.
10.2. This agreement is drawn up in both Russian and English languages.
10.3. The Client is aware and agrees that phone calls with the Contractor may be recorded for the purpose of quality control of the Contractor's work.
10.4. The Contractor has the exclusive right to interpret the provisions and conditions of this Agreement.
10.5. The Parties agree that they unconditionally recognize the legal force of any documents transmitted through communication channels (email, fax, messengers) on par with documents executed in simple written form on paper. The Parties acknowledge that receiving and/or sending letters from email addresses, fax, or messengers constitutes official correspondence between the Parties.
10.6. The Parties agree to inform each other of any changes to postal addresses, legal addresses, email addresses, messenger accounts, bank details, and other personal data via email within 5 (five) calendar days from the date of such change.
10.7. The Parties agree that the use of a facsimile reproduction of the signature by authorized persons of the Contractor or the Client, through mechanical or other copying means, an electronic digital signature, or other equivalent of a handwritten signature on documents related to this Agreement, shall have the same legal force as the original signature of the respective authorized person.
10.8. In case of a delay by the Client in providing materials and information, agreeing on service stages, paying for additional services, or any other failure to fulfill obligations outlined in the Agreement and its appendices, the Contractor's service deadlines shall be automatically extended (without notifying the Client) for the duration of the delay caused by the Client’s failure to fulfill their obligations, plus an additional 10 (ten) working days required by the Contractor to resume work on the order.
11. AMENDMENT OF THE AGREEMENT TERMS
11.1. The Contractor has the right to unilaterally amend the terms of the Agreement. Such changes take effect immediately upon the publication of the new version on the Website.
12. REQUISITES.
Individual entrepreneur, Georgia
Mariia Chumakova
IE 306319800, 04.01.2021
For security reasons, the bank details are hidden.
Phone: +995511167781
Telegram: @marissa_ch
E-mail:
mariyasergevna2014@gmail.comWebsite: https://webcreator.ge/