Date of placement "01" October 2022.
PUBLIC OFFER
FOR PAID SERVICES
Individual entrepreneur Maria Chumakova (hereinafter - the Contractor),
this public offer offers to any natural or legal person or individual entrepreneur (hereinafter - the Customer) to conclude individual entrepreneur (hereinafter - the Customer) to conclude
the present Service Agreement (hereinafter - the Agreement).
In case of acceptance of the conditions set out below and payment for the services a legal person individual entrepreneur and/or a natural person, making the Acceptance of the offer
the offer shall become the Customer (acceptance of the offer is tantamount to concluding an agreement on the the terms and conditions set forth in the offer).
In connection with the above, please read carefully the text of this public offer.
offer. If you do not agree with any point of the offer, the Contractor shall offer
To refuse to conclude a contract. Ignorance of the Agreement or failure to familiarize with it
does not exempt from the obligation to comply with the terms and conditions of this Agreement.
1. TERMS AND DEFINITIONS.
1.1 Acceptance is the consent of a natural or legal person (acceptor) to accept an offer of cooperation from another person (offeror). Acceptance is a positive response to the offer. The full and unconditional Acceptance of the Agreement shall be the Customer's payment for the services offered by the Contractor on the basis of the issued invoice.
1.2 The Customer - a natural person or a legal entity who intends to order or orders services.
1.3. Parties - the Customer and the Executor.
1.4 Agreement - an agreement for paid services, which is concluded by the Customer by accepting this offer.
1.5 Website - a set of information, texts, design, images, photos and other results of intellectual activity contained in an information system that makes such information available on the Internet at https://webcreator.ge/ .
1.6 Service Form - an interactive element for entering the data necessary to communicate between the Customer and the Contractor.
1.7 Processing of Personal Data - any action or set of actions performed with or without the use of automation means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, removal, destruction of Personal Data.
1.8. Confidential Information - means any information of actual or potential value due to its unknown to third parties, not intended for wide distribution and/or use by an unlimited number of persons, satisfying the requirements of applicable law.
1.9 Disclosure of Confidential Information means unauthorized actions of the respective Party of the other Party, as a result of which any third parties get access and opportunity to get acquainted with the Confidential Information. Disclosure of Confidential Information shall also be deemed inaction of the respective Party in failing to ensure an adequate level of protection of Confidential Information and resulting in access to such information by any third parties.
1.10. Supplemental Agreement - is a document, derived from the main agreement, concluded between the Parties, with fixing in it the corrected and/or supplemented conditions.
2. THE SUBJECT MATTER OF THE CONTRACT.
2.1 This Agreement is a public contract and defines the procedure for the provision of services between the Contractor and the Customer.
2.2 In accordance with the Agreement, the Customer entrusts and pays, and the Contractor undertakes obligations to provide services on the Customer's assignment.
2.3 Within the framework of this Agreement the Contractor can render the following services to the Customer:
- development of computer software;
- development of web-sites;
- Services for the provision of web-hosting and data storage;
- provision of services of graphic designers;
- specialized activities in the field of design;
- the activities of advertising agencies:
- preparation of advertising materials;
- marketing research and other advertising services;
- market research and public opinion study;
- other advertising services on the provision of which the Contractor and the Customer have agreed.
- other business support activities;
- other professional, scientific and technical activities not included in other categories;
- Other services for business, on provision of which there is an agreement between the Contractor and the Customer.
2.4 Contractor can also offer the Customer conclusions, forecasts, recommendations, ready to implement business solutions, strategic business planning.
2.5 In the course of market research a wide range of methodologies, techniques and tools developed in economics, sociology, etc. is applied.
2.6 In the course of the Executor's work a negative result may occur, i.e. impossibility of solving the Client's task set for the Executor. In the course of market research such a negative result may not occur, at least the Developer will be recommended to the Client not to implement some business solution, in order to avoid losses.
2.7 The content of the Terms of Reference allows to identify the requirements for the result of the rendered service, as well as to assess the quality of the performed work (rendered service).
2.8 An additional agreement may be concluded to this Agreement upon mutual agreement of the Parties.
3. THE PROCEDURE FOR INTERACTION AND PROVISION OF SERVICES.
3.1 Procedure of registration of the order.
3.1.1. After reviewing the terms of the public offer the Customer with the help of software tools of the Executor's site or otherwise (by phone, e-mail, etc.) sends to the Contractor a request for services in any form. On the basis of the received request the Executor sends to the Customer an application form (hereinafter referred to as a "brief") to fill in.
3.1.2. If the Customer has a requirements specification, he sends it to the Executor by e-mail;
3.1.3. the Customer, when filling in the Service Request Form on the website, has to provide the contact information, which is subject to Personal Data processing on the website. The notification of the acceptance of the Processing of Personal Data by the Customer is indicated in the Service Form and is also publicly available at https://webcreator.ge/politics.
3.2 After the receipt of the Customer's completed brief, the Executor shall prepare the Terms of Reference for the services rendered on the basis of the data of the brief and shall send it to the Customer in electronic form for approval.
3.3 The Executor and the Customer shall not sign any certificates. The payment confirms the quality of services.
3.4 The Customer independently prepares and submits all required documents, illustrations, photo and video materials, text information, etc. to the Executor.
3.5 If the Customer fails to transfer the requested materials and/or documents to the Executor, the contract shall be suspended
4. PROCEDURE OF PAYMENT FOR SERVICES.
4.1 Reference information about approximate rates for the Contractor's services is available for review at https://webcreator.ge/. These rates are indicative, the cost of services in each case is determined by the Contractor and specified in the invoice based on the specifics of an individual order (Terms of Reference).
4.2 After The Executor after receiving from the Customer agreement of Terms of Reference, the Executor sends to the Customer in electronic form the invoice (invoice or other similar document) for payment, where information about Executor and Customer, details of Executor, list and volume of ordered services, cost of services, and also term of services rendering is specified, that is calculated from the date of receipt of sum of advance payment or payment in full and Executor receives all necessary information and materials from the Customer for services rendering. As agreed by the parties, the invoice can be signed by the parties in writing. Due to the Contractor's Small Business status, the cost of services is not subject to VAT.
4.3 All costs associated with making payments under this Agreement to the Contractor's account shall be borne by the Client.
4.4 The Executor can individually draw up a primary accounting document confirming the fact of rendering services to the Customer.
4.5 The Parties shall agree on the form, currency, terms and periodicity of payment.
4.6 Payment for the cost of services shall be made to the account of the Contractor in GEL at the rate of the National Bank of Georgia on the date of payment for Georgian Customers or Customers located on the territory of Georgia. For all the rest payments shall be made in US dollars according to the Contractor's requisites. 4.7.
4.7. Payment for the Services under this Agreement may be made in three ways at Customer's option:
-in the order of one hundred per cent advance payment;
-payment in two stages by equal installments;
-payment in three stages (payment of twenty-five percent at the first stage, payment of fifty percent at the second stage, payment of twenty-five percent at the third stage).
4.8 The Customer is not provided with the Services until the moment of payment. The moment of payment is considered to be receipt of funds on the Executor's account. In case of non-payment for the second and the third stage according to clause 4.6. of the Agreement the Executor shall suspend rendering of Services until further payment is made.
4.9 Forms of payment:
4.9.1 Cash payment. Cash payment means transfer of cash from the payer (Customer) to the recipient (Executor);
Payment through money transfer systems (Zolotaya Korona, Unistream, Contact, Western Union etc.);
4.9.3. by transfer to the Executor's bank account;
4.9.4. to the bank account of IE.
4.10. The date of payment is considered to be the date of receipt of money funds from the Customer to the Executor.
4.11. In case when in the process of performance of the order the Customer proposes to make changes in initially approved Terms of Reference, or to increase the volume or list of services, or method of their performance, the Executor has the right to refuse to render additional services or to increase the cost and terms of performance of the order taking into account additionally ordered services, at his own discretion. In this case, additional services not originally agreed upon by the Parties when entering into this Agreement may be performed by the Contractor under a separate Agreement or Additional Agreements to the existing Agreement in accordance with the invoice additionally issued by the Contractor to the Customer for payment. If the Customer fails to pay the additional invoice, the parties' agreement to amend the Agreement (to the Terms of Reference) shall be considered unachieved, and the Contractor shall continue to perform the order in accordance with the originally agreed Terms of Reference.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES.
5.1. The Contractor is obliged:
5.1.1. Provide the Customer with all necessary information within the framework of rendering the services, in particular provide consulting support regarding the services provided by phone or e-mail from 10:00 to 19:00 on working days;
5.1.2. Provide the services under the Agreement properly and within the time limits established by the Parties.
5.2. The Contractor shall have the right to:
5.2.1 Engage third parties to perform services, remaining responsible to the Customer for the actions of the engaged third parties as his own. In this case, all rights, obligations and responsibilities to the Customer under this Agreement shall continue to be borne by the Contractor;
5.2.2. Request from the Customer the data (information) necessary for provision of services. The request shall be sent to the Customer's e-mail address or by cross-platform instant messaging systems;
5.2.3. Demand from the Customer promptly to provide the information and materials, necessary for rendering the services, provided by this contract and annexes to it.
5.3. The Customer is obliged:
5.3.1. Pay the Contractor's services in a timely manner;
5.3.2 Provide the Executor with necessary information and materials by the beginning of rendering services in time indicated by the Executor;
5.3.3. Within a reasonable time to respond to the Contractor's communications, as well as to assist the Contractor in the process of providing services under the Agreement.
5.4. The Customer has the right to:
5.4.1. To check the progress and quality of the Services without interfering with the Executor's activities;
5.4.2. Demand from the Executor to transfer the result of Services executed precisely in accordance with the terms of the Agreement and documents accompanying it;
5.4.3. To terminate this Agreement in case of non-performance or improper performance of his obligations by the Executor on condition of compensation to the Executor of the costs incurred in the interests of the Customer and payment for the services actually performed by the moment of termination of the Agreement.
6. TERM OF THE CONTRACT.
6.1 The Agreement comes into force from the moment of acceptance by the Customer and is valid until the Parties fully perform their obligations.
6.2 The Agreement can be terminated by the Contractor unilaterally extrajudicially by sending a notice not later than 5 (five) calendar days before the date of termination of the Agreement.
6.3 The Contract can be terminated by the Customer unilaterally out-of-court by giving a notice no later than 5 (five) calendar days prior to the date of termination of the Contract. In case of termination of the Agreement the refund of money previously paid shall be made in the following order:
6.3.1. If the Customer notifies the Executor of his intention to terminate the Agreement before the moment of approval of the assignment by the Parties, the Executor shall return to the Customer monetary funds in the amount of 100% of the amount paid by the Customer;
6.3.2. If the Customer notifies the Executor of his intention to terminate the Agreement within 3 (three) calendar days from the moment of agreement of the Parties to the task, the Executor shall return to the Customer funds in the amount of 50% of the amount paid by the Customer;
6.3.3. If the Customer notifies the Executor of his intention to terminate the Agreement within 5 (five) calendar days from the date of agreement of the Parties to the task, the Executor shall return to the Customer funds in the amount of 30% of the amount paid by the Customer;
6.3.4. If the Customer notifies the Contractor of his intention to terminate the Agreement after 7 (seven) calendar days from the date of agreement of the Parties to the task, the funds shall not be returned to the Customer.
7. INTELLECTUAL RIGHTS.
7.1.If the Contractor will create the results of intellectual activity (hereinafter referred to as RIA), the Contractor shall transfer the exclusive right to RIA to the Customer.
7.2.Remuneration for the assignment of the exclusive right to intellectual property is included in the cost of the work.
8. CONFIDENTIALITY.
8.1 The Parties are obliged to keep the Confidential Information and to take all necessary measures for its protection, including in case of reorganization or liquidation of the Parties. The Parties hereby agree that they shall not disclose or allow the disclosure of Confidential Information to any third parties without the prior written consent of the other Party, except in cases of unintentional and/or involuntary disclosure of Confidential Information due to force majeure circumstances or if such information is publicly available, or due to the requirements of applicable law, enforceable judgments of a court of competent jurisdiction or requirements of competent governmental authorities.
The respective Party shall be responsible for the actions (omissions) of its employees and other persons who obtained access to Confidential Information. 8.3.
8.3 The respective Party shall be responsible for real damage which may be caused to the other Party as a result of disclosure of Confidential Information or unauthorized use of Confidential Information in violation of the terms of this Article, except for cases of disclosure of Confidential Information provided for in paragraph 1.9.
9. THE PROCEDURE FOR RESOLVING DISPUTES.
9.1 All disputes, controversies and claims that may arise in connection with the execution, termination or invalidation of the contract, the parties will seek to resolve through negotiations. The party which has a claim and/or disagreement, sends to other party the message with the indication of arisen claims and/or disagreements.
9.2 In case the notifying party does not receive a reply to the notification within 14 (fourteen) working days from the date the relevant notification was sent, or if the parties cannot reach an agreement on the arisen claims and/or disagreements, the dispute shall be subject to judicial settlement at the location of the contractor.
10. OTHER CONDITIONS.
10.1 If the Contractor has handed over the finished task to the Customer, and the Customer has not accepted it within 3 (three) days, the acceptance of the completed work (provision of service) is counted as done.
10.2. This contract is drawn up in Russian and in English.
10.3 The Customer is aware and agrees that telephone conversations with the Contractor can be recorded for the purpose of quality control of the Contractor's work.
10.4 The Executor has the exclusive right to interpret the terms and conditions of this Agreement.
10.5 The Parties agree that they unconditionally recognize the legal validity of any documents transmitted via communication channels (e-mail, fax, messengers) on a par with the documents executed in simple written form on paper. At the same time, the Parties acknowledge that receipt and/or sending of letters from electronic addresses, fax or messengers is an official correspondence of the Parties.
10.6. The Parties shall inform the other Party of any changes in their postal, legal, 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 by the Contractor's or the Customer's authorized persons of facsimile reproduction of their signature by mechanical or other copying means, electronic digital signature or other analog of handwritten signature on the documents related to this Agreement has the same legal force as the original signature of the respective authorized person.
10.8 In case of the Customer's delay in providing materials and information, coordination of stages of services, payment for additional services or other failure of the Customer to fulfill his obligations stipulated in the contract and annexes to it, the terms of performance of services by the Contractor are automatically prolonged (without notifying the Customer about it) for the period of delay of the Customer to fulfill his obligations, with addition to this period 10 (Ten) working days necessary for the Contractor to resume work on the order.
11. CHANGES IN THE TERMS OF THE CONTRACT.
11.1 The Contractor shall have the right to unilaterally change the terms of the Agreement. Such changes shall take effect immediately at the time of publication of the new version on the Website.
12. REQUISITES.
Individual entrepreneur
Mariia Chumakova
IE 306319800, 04.01.2021
For security purposes, the bank details will be listed on the invoice.
Phone: +995511167781
Telegram: @marissa_ch
E-mail: mariyasergevna@mail.ru
Website: https://webcreator.ge/
this public offer offers to any natural or legal person or individual entrepreneur (hereinafter - the Customer) to conclude individual entrepreneur (hereinafter - the Customer) to conclude
the present Service Agreement (hereinafter - the Agreement).
In case of acceptance of the conditions set out below and payment for the services a legal person individual entrepreneur and/or a natural person, making the Acceptance of the offer
the offer shall become the Customer (acceptance of the offer is tantamount to concluding an agreement on the the terms and conditions set forth in the offer).
In connection with the above, please read carefully the text of this public offer.
offer. If you do not agree with any point of the offer, the Contractor shall offer
To refuse to conclude a contract. Ignorance of the Agreement or failure to familiarize with it
does not exempt from the obligation to comply with the terms and conditions of this Agreement.
1. TERMS AND DEFINITIONS.
1.1 Acceptance is the consent of a natural or legal person (acceptor) to accept an offer of cooperation from another person (offeror). Acceptance is a positive response to the offer. The full and unconditional Acceptance of the Agreement shall be the Customer's payment for the services offered by the Contractor on the basis of the issued invoice.
1.2 The Customer - a natural person or a legal entity who intends to order or orders services.
1.3. Parties - the Customer and the Executor.
1.4 Agreement - an agreement for paid services, which is concluded by the Customer by accepting this offer.
1.5 Website - a set of information, texts, design, images, photos and other results of intellectual activity contained in an information system that makes such information available on the Internet at https://webcreator.ge/ .
1.6 Service Form - an interactive element for entering the data necessary to communicate between the Customer and the Contractor.
1.7 Processing of Personal Data - any action or set of actions performed with or without the use of automation means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, removal, destruction of Personal Data.
1.8. Confidential Information - means any information of actual or potential value due to its unknown to third parties, not intended for wide distribution and/or use by an unlimited number of persons, satisfying the requirements of applicable law.
1.9 Disclosure of Confidential Information means unauthorized actions of the respective Party of the other Party, as a result of which any third parties get access and opportunity to get acquainted with the Confidential Information. Disclosure of Confidential Information shall also be deemed inaction of the respective Party in failing to ensure an adequate level of protection of Confidential Information and resulting in access to such information by any third parties.
1.10. Supplemental Agreement - is a document, derived from the main agreement, concluded between the Parties, with fixing in it the corrected and/or supplemented conditions.
2. THE SUBJECT MATTER OF THE CONTRACT.
2.1 This Agreement is a public contract and defines the procedure for the provision of services between the Contractor and the Customer.
2.2 In accordance with the Agreement, the Customer entrusts and pays, and the Contractor undertakes obligations to provide services on the Customer's assignment.
2.3 Within the framework of this Agreement the Contractor can render the following services to the Customer:
- development of computer software;
- development of web-sites;
- Services for the provision of web-hosting and data storage;
- provision of services of graphic designers;
- specialized activities in the field of design;
- the activities of advertising agencies:
- preparation of advertising materials;
- marketing research and other advertising services;
- market research and public opinion study;
- other advertising services on the provision of which the Contractor and the Customer have agreed.
- other business support activities;
- other professional, scientific and technical activities not included in other categories;
- Other services for business, on provision of which there is an agreement between the Contractor and the Customer.
2.4 Contractor can also offer the Customer conclusions, forecasts, recommendations, ready to implement business solutions, strategic business planning.
2.5 In the course of market research a wide range of methodologies, techniques and tools developed in economics, sociology, etc. is applied.
2.6 In the course of the Executor's work a negative result may occur, i.e. impossibility of solving the Client's task set for the Executor. In the course of market research such a negative result may not occur, at least the Developer will be recommended to the Client not to implement some business solution, in order to avoid losses.
2.7 The content of the Terms of Reference allows to identify the requirements for the result of the rendered service, as well as to assess the quality of the performed work (rendered service).
2.8 An additional agreement may be concluded to this Agreement upon mutual agreement of the Parties.
3. THE PROCEDURE FOR INTERACTION AND PROVISION OF SERVICES.
3.1 Procedure of registration of the order.
3.1.1. After reviewing the terms of the public offer the Customer with the help of software tools of the Executor's site or otherwise (by phone, e-mail, etc.) sends to the Contractor a request for services in any form. On the basis of the received request the Executor sends to the Customer an application form (hereinafter referred to as a "brief") to fill in.
3.1.2. If the Customer has a requirements specification, he sends it to the Executor by e-mail;
3.1.3. the Customer, when filling in the Service Request Form on the website, has to provide the contact information, which is subject to Personal Data processing on the website. The notification of the acceptance of the Processing of Personal Data by the Customer is indicated in the Service Form and is also publicly available at https://webcreator.ge/politics.
3.2 After the receipt of the Customer's completed brief, the Executor shall prepare the Terms of Reference for the services rendered on the basis of the data of the brief and shall send it to the Customer in electronic form for approval.
3.3 The Executor and the Customer shall not sign any certificates. The payment confirms the quality of services.
3.4 The Customer independently prepares and submits all required documents, illustrations, photo and video materials, text information, etc. to the Executor.
3.5 If the Customer fails to transfer the requested materials and/or documents to the Executor, the contract shall be suspended
4. PROCEDURE OF PAYMENT FOR SERVICES.
4.1 Reference information about approximate rates for the Contractor's services is available for review at https://webcreator.ge/. These rates are indicative, the cost of services in each case is determined by the Contractor and specified in the invoice based on the specifics of an individual order (Terms of Reference).
4.2 After The Executor after receiving from the Customer agreement of Terms of Reference, the Executor sends to the Customer in electronic form the invoice (invoice or other similar document) for payment, where information about Executor and Customer, details of Executor, list and volume of ordered services, cost of services, and also term of services rendering is specified, that is calculated from the date of receipt of sum of advance payment or payment in full and Executor receives all necessary information and materials from the Customer for services rendering. As agreed by the parties, the invoice can be signed by the parties in writing. Due to the Contractor's Small Business status, the cost of services is not subject to VAT.
4.3 All costs associated with making payments under this Agreement to the Contractor's account shall be borne by the Client.
4.4 The Executor can individually draw up a primary accounting document confirming the fact of rendering services to the Customer.
4.5 The Parties shall agree on the form, currency, terms and periodicity of payment.
4.6 Payment for the cost of services shall be made to the account of the Contractor in GEL at the rate of the National Bank of Georgia on the date of payment for Georgian Customers or Customers located on the territory of Georgia. For all the rest payments shall be made in US dollars according to the Contractor's requisites. 4.7.
4.7. Payment for the Services under this Agreement may be made in three ways at Customer's option:
-in the order of one hundred per cent advance payment;
-payment in two stages by equal installments;
-payment in three stages (payment of twenty-five percent at the first stage, payment of fifty percent at the second stage, payment of twenty-five percent at the third stage).
4.8 The Customer is not provided with the Services until the moment of payment. The moment of payment is considered to be receipt of funds on the Executor's account. In case of non-payment for the second and the third stage according to clause 4.6. of the Agreement the Executor shall suspend rendering of Services until further payment is made.
4.9 Forms of payment:
4.9.1 Cash payment. Cash payment means transfer of cash from the payer (Customer) to the recipient (Executor);
Payment through money transfer systems (Zolotaya Korona, Unistream, Contact, Western Union etc.);
4.9.3. by transfer to the Executor's bank account;
4.9.4. to the bank account of IE.
4.10. The date of payment is considered to be the date of receipt of money funds from the Customer to the Executor.
4.11. In case when in the process of performance of the order the Customer proposes to make changes in initially approved Terms of Reference, or to increase the volume or list of services, or method of their performance, the Executor has the right to refuse to render additional services or to increase the cost and terms of performance of the order taking into account additionally ordered services, at his own discretion. In this case, additional services not originally agreed upon by the Parties when entering into this Agreement may be performed by the Contractor under a separate Agreement or Additional Agreements to the existing Agreement in accordance with the invoice additionally issued by the Contractor to the Customer for payment. If the Customer fails to pay the additional invoice, the parties' agreement to amend the Agreement (to the Terms of Reference) shall be considered unachieved, and the Contractor shall continue to perform the order in accordance with the originally agreed Terms of Reference.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES.
5.1. The Contractor is obliged:
5.1.1. Provide the Customer with all necessary information within the framework of rendering the services, in particular provide consulting support regarding the services provided by phone or e-mail from 10:00 to 19:00 on working days;
5.1.2. Provide the services under the Agreement properly and within the time limits established by the Parties.
5.2. The Contractor shall have the right to:
5.2.1 Engage third parties to perform services, remaining responsible to the Customer for the actions of the engaged third parties as his own. In this case, all rights, obligations and responsibilities to the Customer under this Agreement shall continue to be borne by the Contractor;
5.2.2. Request from the Customer the data (information) necessary for provision of services. The request shall be sent to the Customer's e-mail address or by cross-platform instant messaging systems;
5.2.3. Demand from the Customer promptly to provide the information and materials, necessary for rendering the services, provided by this contract and annexes to it.
5.3. The Customer is obliged:
5.3.1. Pay the Contractor's services in a timely manner;
5.3.2 Provide the Executor with necessary information and materials by the beginning of rendering services in time indicated by the Executor;
5.3.3. Within a reasonable time to respond to the Contractor's communications, as well as to assist the Contractor in the process of providing services under the Agreement.
5.4. The Customer has the right to:
5.4.1. To check the progress and quality of the Services without interfering with the Executor's activities;
5.4.2. Demand from the Executor to transfer the result of Services executed precisely in accordance with the terms of the Agreement and documents accompanying it;
5.4.3. To terminate this Agreement in case of non-performance or improper performance of his obligations by the Executor on condition of compensation to the Executor of the costs incurred in the interests of the Customer and payment for the services actually performed by the moment of termination of the Agreement.
6. TERM OF THE CONTRACT.
6.1 The Agreement comes into force from the moment of acceptance by the Customer and is valid until the Parties fully perform their obligations.
6.2 The Agreement can be terminated by the Contractor unilaterally extrajudicially by sending a notice not later than 5 (five) calendar days before the date of termination of the Agreement.
6.3 The Contract can be terminated by the Customer unilaterally out-of-court by giving a notice no later than 5 (five) calendar days prior to the date of termination of the Contract. In case of termination of the Agreement the refund of money previously paid shall be made in the following order:
6.3.1. If the Customer notifies the Executor of his intention to terminate the Agreement before the moment of approval of the assignment by the Parties, the Executor shall return to the Customer monetary funds in the amount of 100% of the amount paid by the Customer;
6.3.2. If the Customer notifies the Executor of his intention to terminate the Agreement within 3 (three) calendar days from the moment of agreement of the Parties to the task, the Executor shall return to the Customer funds in the amount of 50% of the amount paid by the Customer;
6.3.3. If the Customer notifies the Executor of his intention to terminate the Agreement within 5 (five) calendar days from the date of agreement of the Parties to the task, the Executor shall return to the Customer funds in the amount of 30% of the amount paid by the Customer;
6.3.4. If the Customer notifies the Contractor of his intention to terminate the Agreement after 7 (seven) calendar days from the date of agreement of the Parties to the task, the funds shall not be returned to the Customer.
7. INTELLECTUAL RIGHTS.
7.1.If the Contractor will create the results of intellectual activity (hereinafter referred to as RIA), the Contractor shall transfer the exclusive right to RIA to the Customer.
7.2.Remuneration for the assignment of the exclusive right to intellectual property is included in the cost of the work.
8. CONFIDENTIALITY.
8.1 The Parties are obliged to keep the Confidential Information and to take all necessary measures for its protection, including in case of reorganization or liquidation of the Parties. The Parties hereby agree that they shall not disclose or allow the disclosure of Confidential Information to any third parties without the prior written consent of the other Party, except in cases of unintentional and/or involuntary disclosure of Confidential Information due to force majeure circumstances or if such information is publicly available, or due to the requirements of applicable law, enforceable judgments of a court of competent jurisdiction or requirements of competent governmental authorities.
The respective Party shall be responsible for the actions (omissions) of its employees and other persons who obtained access to Confidential Information. 8.3.
8.3 The respective Party shall be responsible for real damage which may be caused to the other Party as a result of disclosure of Confidential Information or unauthorized use of Confidential Information in violation of the terms of this Article, except for cases of disclosure of Confidential Information provided for in paragraph 1.9.
9. THE PROCEDURE FOR RESOLVING DISPUTES.
9.1 All disputes, controversies and claims that may arise in connection with the execution, termination or invalidation of the contract, the parties will seek to resolve through negotiations. The party which has a claim and/or disagreement, sends to other party the message with the indication of arisen claims and/or disagreements.
9.2 In case the notifying party does not receive a reply to the notification within 14 (fourteen) working days from the date the relevant notification was sent, or if the parties cannot reach an agreement on the arisen claims and/or disagreements, the dispute shall be subject to judicial settlement at the location of the contractor.
10. OTHER CONDITIONS.
10.1 If the Contractor has handed over the finished task to the Customer, and the Customer has not accepted it within 3 (three) days, the acceptance of the completed work (provision of service) is counted as done.
10.2. This contract is drawn up in Russian and in English.
10.3 The Customer is aware and agrees that telephone conversations with the Contractor can be recorded for the purpose of quality control of the Contractor's work.
10.4 The Executor has the exclusive right to interpret the terms and conditions of this Agreement.
10.5 The Parties agree that they unconditionally recognize the legal validity of any documents transmitted via communication channels (e-mail, fax, messengers) on a par with the documents executed in simple written form on paper. At the same time, the Parties acknowledge that receipt and/or sending of letters from electronic addresses, fax or messengers is an official correspondence of the Parties.
10.6. The Parties shall inform the other Party of any changes in their postal, legal, 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 by the Contractor's or the Customer's authorized persons of facsimile reproduction of their signature by mechanical or other copying means, electronic digital signature or other analog of handwritten signature on the documents related to this Agreement has the same legal force as the original signature of the respective authorized person.
10.8 In case of the Customer's delay in providing materials and information, coordination of stages of services, payment for additional services or other failure of the Customer to fulfill his obligations stipulated in the contract and annexes to it, the terms of performance of services by the Contractor are automatically prolonged (without notifying the Customer about it) for the period of delay of the Customer to fulfill his obligations, with addition to this period 10 (Ten) working days necessary for the Contractor to resume work on the order.
11. CHANGES IN THE TERMS OF THE CONTRACT.
11.1 The Contractor shall have the right to unilaterally change the terms of the Agreement. Such changes shall take effect immediately at the time of publication of the new version on the Website.
12. REQUISITES.
Individual entrepreneur
Mariia Chumakova
IE 306319800, 04.01.2021
For security purposes, the bank details will be listed on the invoice.
Phone: +995511167781
Telegram: @marissa_ch
E-mail: mariyasergevna@mail.ru
Website: https://webcreator.ge/
