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Public offer

On the provision of services for technical support, development, and modification of websites, hereinafter referred to as “Services”, by the web studio “ITWP”, hereinafter referred to as the “Contractor”, to any legal entity or individual, hereinafter referred to as the “Customer”.
 
This agreement is in the nature of a public offer agreement in accordance with Art. 633 of the Civil Code of Ukraine, is the equivalent of a bilateral agreement and, in accordance with the current legislation of Ukraine, has the proper legal force from the moment of full and unconditional acceptance by the user of the terms of this Agreement (Offer) and its Appendices. This Agreement is public, its terms are the same for all consumers.
 
This Agreement regulates the relationship between the Contractor and the Customers and does not regulate the rights, obligations, and responsibility of third parties in relation to the Contractor. Third parties, as well as users registered on the Contractor’s website, maybe granted the right to send an appeal to the Customer of the company regarding the content of the websites (web pages) of the Customer.
 

Preamble

The information below is an official offer (public offer) to any legal entity or individual to conclude a subscription service agreement. In accordance with Art. 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of a public contract is the fact that the Customer makes a payment against payment for services. The public offer is also accepted when registering the Customer on the Contractor’s website. The Contractor’s website is located at https://itwp.site/en. A contract number is a unique number that is issued upon registration on the Contractor’s website. The provision of the Services by the Contractor may be denied to public authorities, local authorities, as well as state enterprises, institutions, and organizations in order to comply with the Law of Ukraine “On the protection of information in information and telecommunication systems.”

Terms used in this agreement

Customer – the person to whom the Services are provided in accordance with the terms of the Agreement. All actions performed using the Customer’s password are considered by the Contractor as actions performed by the Customer personally, at his own free will.

Executor – web studio “ITWP”, subject to the provision of Services to the Customer.

Services – services of technical support of the site, and (or) development of the site and (or) modification of the site that the Contractor provides to the Customer.

Customer verification – confirmation of the Customer’s personal data, which was indicated by him during registration on the Contractor’s website, by receiving payment from the Customer for the provision of the Services, which certifies the Customer’s face.

Service Control Panel – a web interface with which you can view information about the services provided, as well as the payment and duration of the Services. Access to the control panel of the Services is provided to the Customer using authorization (password).

Personal data – information or a set of information about a person who is identified or can be specifically identified.

Meaning of other terms and the symbols used in the Agreement are specified in the Terms of Service, Privacy Policy. Some other terms, in particular, technical, are generally accepted and can be interpreted as they are indicated in open sources.

1. General Provisions. The subject of the contract

1.1. As part of the Services ordered and paid for by the Customer, the Contractor provides the Customer with:
1.1.1. Service for technical support of the Customer’s sites and support by means of the Contractor.
1.1.2. Website development service, functional modification, or complete modernization of the Customer’s website.
1.1.3. Services for cleaning the customer’s site from malicious code.
1.2. The Customer confirms that at the time of the conclusion of the Agreement and throughout the entire period of its validity, the information posted on the Customer’s website does not and will not violate, directly or indirectly, the rights of third parties. The customer is obliged to respond to incoming requests (notifications) about violations of the law, violations of rights or other legitimate interests of third parties, and, if there are grounds, to independently eliminate the corresponding violations. For violation of the requirements of legislation, intellectual property rights, or other rights and legitimate interests of third parties or the Contractor, the Customer is liable to these third parties and to the Contractor in accordance with the law.

2. Personal data. General Provisions

2.1. By concluding the Agreement, the Customer confirms that he is fully familiar with and agrees with its terms, and also, if the Customer is an individual, gives permission to the Contractor to process his personal data. Detailed conditions for handling the personal data of the Customer are regulated by the Privacy Policy, which is an Appendix to this Agreement.
2.2. The purpose of processing the personal data of the Customer is the ability to provide the Services by the Contractor to the Customer, conduct mutual settlements, receive invoices, acts and other documents, detect and prevent fraudulent or other illegal actions, as well as solve problems and improve security, eliminate technical problems, protect against threats of damage The Contractor or his clients in accordance with the law, and other purposes determined by the Privacy Policy.
2.3. By concluding the Agreement, the Customer confirms that he is actually familiar (without additional notice) with the provisions of the Law of Ukraine “On the Protection of Personal Data”, with the purposes of processing personal data that he and third parties transfer to the Contractor.
2.4. The Customer’s permission to process his personal data is valid for the entire duration of the Agreement, as well as for the next 5 (five) years after its expiration.
2.5. The removal of personal data is carried out by the Contractor at the request of the Customer and is the basis for termination of the Agreement. The deletion of personal data takes place on the terms and in the manner established by the Privacy Policy.
2.6. The personal data provided by the Customer will be available to the employees and contractors of the Contractor.
2.7. By concluding this Agreement, the Customer agrees that the Contractor has the right to provide access and transfer the Customer’s personal data to third parties, without changing the purpose of processing personal data, and that he is duly notified of each case of providing personal data to third parties within the purpose, specified in clause 2.2. Agreement. In the event of a change in the purpose for which the Customer’s personal data is transferred to third parties, the Contractor notifies the Customer of the new purpose of processing personal data by sending an email to the email address provided by the Customer.
2.8. The Contractor guarantees that he will not use the Customer’s personal data for any other purpose other than the purposes specified in clause 2.2. Of the Agreement, without proper notification of the Customer.
2.9. The customer initiates a change in the personal data provided by him in the cases provided for by law or this Agreement.
2.10. Personal data provided by the Customer is personal and confidential information in the understanding of the Privacy Policy, which is an integral part of the Agreement.
2.11. The procedure for providing the Contractor with the Customer’s personal information to third parties, as well as guarantees for the protection of such information are specified in the Privacy Policy, which is an integral part of the Agreement.

Rights and obligations of the parties

3.1. Obligations of the Contractor:
3.1.1. Provide a WEB interface for registering the Customer, process the data entered by the Customer and create a unique account based on the entered data, as well as provide the necessary parameters for accessing services in the Service Control Panel.
3.1.2. Provide Services in accordance with the amount of the monthly payment made in accordance with Section 4 of this Agreement.
3.1.3. Publish official messages related to customer service and changes in payment rates on the Contractor’s website.
3.1.4. Comply with court decisions that have entered into legal force regarding the provision of all or part of the Services to the Customer.
3.2. Obligations of the Customer:
3.2.1. Provide complete, truthful, reliable, correct, and accurate information about yourself, as well as your contact information in the amount necessary for the provision of the Services by the Contractor.
3.2.2. To independently establish and change all passwords and other data providing access to the Services, incl. which were provided by the Contractor, and be fully responsible for their safety.
3.2.3. Maintain the accuracy, relevance, and reliability of personal data about yourself and inform the Contractor about changes in the Customer’s personal data, within 72 hours from the moment such data changed.
3.2.4. Provide a response to the Contractor’s requests to confirm the relevance of the personal information provided by the Customer within 24 hours from the moment such a request is sent to the Customer.
3.2.5. Timely and in full payment for the Services in accordance with the cost agreed with the Contractor.
3.2.6. Provide a response to the administrative appeal or notification of the Contractor within 24 hours from the moment of sending such appeal or notification to the Customer.
3.2.7. Observe and ensure compliance with all the requirements stipulated by the Terms of Service, do not post inappropriate materials and information on their websites, do not use the Services for the sale, distribution, and placement of goods, works, services, the circulation of which is prohibited or limited.
3.3. Contractor’s rights:
3.3.1. Temporarily or completely terminate the provision of the Services to the Customer and require written explanations from the Customer in the following cases:
3.3.1.1. Failure to receive timely payment for the Services.
3.3.1.2. Providing by the Customer inaccurate or inaccurate contact information or failure to provide such information at the request of the Contractor.
3.3.1.3. The absence of a response from the Customer to the Contractor’s request for verification of the Customer, within 24 (twenty-four) hours from the moment of sending such a request to the Customer by means of e-mail notification to the Customer’s current email address, or by sending a message through one of the services: WhatsApp, Facebook, Vk, Telegram, Viber, Skype;
3.3.1.4. Failure to respond to the administrative appeal of the Contractor within 24 hours from the date of sending such an appeal to the Customer by one of the means specified in cl. 3.3.1.3. Agreement;
3.3.1.5. Taking actions or omissions aimed at restricting or preventing other users from accessing the Services provided by the Contractor, as well as making attempts to unauthorized access to the Contractor’s resources and to other systems accessible via the Internet;
3.3.1.6. Sending or sending messages via the Internet of any information that contradicts the requirements of the legislation of Ukraine or the norms of international law contained in international treaties and conventions to which Ukraine is a party. Mailing is understood as a mass mailing of several emails to multiple recipients, as well as multiple mailings to one recipient, as well as the use of the Customer’s details (web pages, e-mail) for similar mailings made through another provider. Messages are understood as e-mail messages, messaging programs (SMS, Skype, Viber, Telegram), and other similar means of information exchange;
3.3.1.7. Taking actions aimed at sending, publishing, transmitting, reproducing, providing or in any way using for commercial purposes information, software, or other materials obtained in whole or in part through the Services (unless this is expressly permitted by the owner of such information, software security or other products) subject to the availability of a written request from the owner of such information on the limitation of the listed actions;
3.3.1.8. Taking actions aimed at sending, publishing, transmitting, reproducing, or distributing in any way software or other materials obtained through the Services, in whole or in part, protected by copyright or other intellectual property rights, without the permission of the owner, as well as sending, publishing, transfer or distribute in any way any component of the Services provided or works created on its basis since the Services themselves are also subject to copyright and other intellectual property rights, subject to a written request from the owner of such rights to limit the listed actions;
3.3.1.9. Publication and transmission via the Internet of any information that contradicts the current Ukrainian legislation or international treaties and conventions to which Ukraine is a party. In particular, this applies to materials of a pornographic nature and other materials, the placement of which is contrary to the legislation of Ukraine. The Contractor reserves the right, at its discretion, to determine the content of the materials of the Customer’s sites for compliance with the legislation of Ukraine, while the Customer is not deprived of the right to provide the Contractor with evidence of the legality of posting certain verifiable materials and information on his site;
3.3.1.10. Failure to comply with the requirements of the Terms of Service, or posting materials prohibited by these Terms.
3.3.2. The temporary termination of the provision of the Services by the Contractor means that the Contractor has the right to temporarily block access to the Customer’s Service Control Panel and/or block partially or completely the Services provided.
3.3.3. The Contractor has the right to terminate the contractual relationship with the Customer unilaterally, with the simultaneous sending of a written electronic notification, if the Customer violates his obligations under this Agreement. The moment of termination of the contract and termination of service is the date of sending the corresponding notification to the Customer.
3.4. Customer’s rights:
3.4.1. Require the Contractor to provide the Services in accordance with the terms of this Agreement.
3.4.2. Receive information from the Contractor about services and additional paid services.
3.4.3. Contact the Contractor with complaints and suggestions for improving the quality of services.

Service cost and settlement procedure

4.1. Payment for the Services is carried out in the national currency of Ukraine in accordance with the tariffs established at the time of the provision of the Service on a 100% prepayment basis.
4.2. The Contractor has the right to unilaterally revise the prices for the Services. The Contractor notifies the Customer about the introduction of new prices by publishing a message about this on the Contractor’s website. New prices come into effect from the date of publication on the Contractor’s website. In the event of a change in prices, the payment made for the Services is not recalculated.
4.3. Services are considered paid from the moment the funds are received by the Contractor and the relevant information is updated in the control panel of the Customer’s services on the website.
4.4. The Contractor has the right to refuse to provide services to the Customer at his choice or to restrict him in some instruments for paying for the Services in cases where the Contractor receives requests (complaints, claims, claims) from a banking institution or payment system to return payment for the Services in favor of the Customer – the payer.

Special conditions and responsibilities of the parties

5.1. The Contractor does not guarantee the absolute uninterrupted or error-free Services and does not guarantee that the offered software or any other materials do not contain system errors. The Contractor takes all reasonable efforts and measures to prevent this.
5.2. The Contractor is not responsible for direct or indirect damage caused to the Customer as a result of the use or inability to use the Services or incurred as a result of errors, failures, unavailability of the Services, DDOS, and other attacks on the Server or in the network of the Customer or the Contractor, deletion of files, defects, delays in operation or transmission of data, or changes in functions and other reasons.
5.3. The amount of the Contractor’s liability to the Customer is limited and cannot exceed the cost of the services actually consumed by this Customer for the last month.
5.3.1. The Contractor is not responsible for actions, omissions, third-party services, or failures on the part of third parties, banking, and financial institutions, payment systems.
5.4. The Customer assumes full responsibility for the risks associated with the use of the Services provided. In particular, the Customer undertakes to reimburse the Contractor in full for all losses caused to the Contractor as a result of the violation by the Customer of the terms of this Agreement and the Rules for the provision of services, as well as to reimburse other costs incurred by the Contractor as a result of such violations (in particular, the costs of legal assistance if the court will establish the fact of violation by the Customer of the current legislation or the rights or legitimate interests of third parties).
5.4.1. The customer bears full responsibility for damage caused by his unlawful use of the Services to third parties in case of violation of the rights of these third parties.
5.5. The customer is fully responsible for the safety of his password and for losses that may arise due to unauthorized use of it by third parties.
5.6. The Contractor is not a proper defendant or co-defendant for any obligations, claims of third parties, and costs associated with violation by the Customer (or other persons using his name and password) of the terms of this Agreement or legal requirements.
5.7. The Contractor considers legitimate requests of the Customer regarding the Services provided to him, sent only from the contact e-mail of the Customer, or from the service area of the Service Control Panel after successful authorization.
5.8. The Contractor performs exclusively technical functions and does not acquire any rights to the corresponding domain names and websites, and is not responsible for the placement or for not posting by the Customer of any materials on their websites and for their content.
5.9. The Customer is responsible for the settlement of any disputes related to the provision of the Services to him and undertakes to protect the Contractor from any reclamations, claims, and claims from third parties arising in connection with the provision of the Services to him. The Customer undertakes to compensate the Contractor for all expenses incurred by him (including legal costs) associated with the consideration of any disputes, claims, complaints, claims from third parties related to the provision of the Services to the Customer, as well as to compensate the damage caused to the Contractor.
5.10. The Customer agrees to receive notifications regarding the provision of the Services by e-mail (e-mail) and through short message services (Viber, Telegram, and others).
5.11. The parties agreed to consider it appropriate to express their will when concluding this Agreement by placing a mark by the Customer on the consent with him on the Contractor’s website. The specified method of concluding this Agreement has the same legal force as the handwritten signature of the authorized representatives of the Parties on a written document.

Procedure for consideration of claims and disputes

6.1. The Customer’s claims regarding the Services are accepted by the Contractor for consideration only in writing and no later than 3 calendar days from the date of the beginning of the dispute. The term for consideration of the Customer’s claims is no more than 14 (fourteen) working days from the date of application. Claims from third parties regarding the services provided to a particular Customer are not considered by the Contractor, except for cases directly provided for by law. The Contractor reserves the right to redirect to the relevant Customers legitimate claims and appeals from rightsholders and other persons who consider their rights violated to eliminate such violations.
6.1.1. The performer, according to the current legislation, is not a subject considering disputes about rights. In particular, the Contractor is not authorized to confirm or deny:
– the accuracy or inaccuracy of the information posted by the Customers on the sites;
– facts of the presence or absence of rights of third parties to certain objects of intellectual property, facts of violations by the Customers of the rights of third parties to trademarks, to marks for service goods, to any other objects of intellectual property rights, as well as to domain names.

Force Majeure

7.1. Neither Party shall be liable for non-fulfillment or improper fulfillment of this Agreement if this is caused by force majeure circumstances (or “force majeure”) that the Parties could not have known about in advance and/or other unforeseen circumstances that prevent the fulfillment of contractual obligations and occur regardless of the will and desire of the Parties.
7.1.1. Force majeure circumstances include (but are not limited to): fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups d’état, strikes, sabotage and terrorist acts, robberies, accidents in the power supply and communication system, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the implementation of this Agreement, and their occurrence is certified (confirmed) by a body authorized in accordance with the legislation to certify the circumstances force majeure.
7.1.2. Unforeseen circumstances that impede the fulfillment of contractual obligations include (but not limited to): the seizure of the Contractor’s servers based on an appropriate court decision, an accident, illegal actions of third parties, an explosion, and the like.
7.2. The Party, which became aware of the occurrence of such circumstances, notifies the other Party about this no later than fifteen calendar days from the moment such circumstances arise.
7.3. In the event of force majeure circumstances, the deadline for fulfilling obligations under this Agreement is postponed for the period during which such circumstances and their consequences are valid.

The moment of entry into force and the price of the contract, the duration of the contract, the procedure for changing and terminating the contract

8.1. The Customer has the right to unilaterally refuse the Contractor’s Services at any time. In this case, no refund, including prepayment for services, is made.
8.2. The Contractor has the right at any time to unilaterally refuse service to the Customer without explaining the reasons, while a refund is made for full months of unused time using the paid services of technical support of the site. The Contractor has the right to suspend the service of the Customer’s services if the Customer does not provide a response to the notification (administrative appeal) of the Contractor within 48 hours from the moment the Contractor’s notification (administrative appeal) was sent to him. The Contractor has the right to unilaterally terminate the Agreement with the Customer if the Customer violates this Agreement or the Terms of Service.
8.3. The customer has the right, within 14 days from the date of payment for services (except for the development service, site modernization), in case of inconsistency of the quality of services with the terms of this Agreement, to demand a refund from the Contractor. Upon the expiration of the specified period, the ordered and paid service is considered to be provided by the Contractor to the Customer in a proper manner, in a timely manner, and in full, and the Customer loses the right to make claims against the contractor regarding the quality, completeness, and timing of the service.
8.4. The contract comes into force from the moment of its conclusion and is valid for 365 days.
8.5. The price of the Agreement consists of the sum of all payments received by the Contractor from the Customer for the Services provided during the last year.
8.6. The Contractor has the right to unilaterally periodically revise certain conditions of the Agreement provided to the Customers. In the event that the Contractor makes changes to the Agreement, the Contractor undertakes to notify the Customer by sending him an appropriate notification by e-mail or in any other way accepted by the Parties and at the same time publish these changes on its website.
8.7. In any case, regardless of the Customer’s acquaintance with the amendments to the Agreement by the invitation link sent to him by e-mail or in any other way accepted by the Parties, such amendments shall enter into force 30 calendar days after their publication on the Contractor’s website.
8.8. If the Customer agrees to the changes, this Agreement continues to be valid subject to the changes made.
8.9. If the Customer does not agree with the published amendments to the Agreement, he undertakes to inform the Contractor of his disagreement by an official letter with acknowledgment of receipt or by sending a letter in electronic form, certified by his electronic digital signature. The contract is terminated from the date of receipt of such notification by the Contractor.
8.10. By concluding this Agreement, the Customer fully and unconditionally agrees with all Appendices to it: the Terms of Service and the Privacy Policy.
8.11. For all issues not regulated in this text of the Agreement, the Parties are guided by the current legislation of Ukraine.

Attachments to the contract

9.1. Applications are an integral part of this Agreement.
9.2. Appendix # 1 – Terms of Service.
9.3. Appendix # 2 – Privacy Policy.

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