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PUBLIC OFFER AGREEMENT
FOR THE PROVISION OF INFORMATION TECHNOLOGIES SERVICES
1. General Provisions
1.1. This document is an offer by Agento Studio represented by Sole proprietor Peter Zaitsev (hereinafter referred to as the Contractor) and contains all the essential terms of the Agreement for the provision of services in the field of information technology.
The Contractor publishes this Agreement, which is a public Offer Agreement addressed to both individuals and legal entities (hereinafter referred to as the Customer).
1.2. If any person has accepted the terms of this Agreement and paid for the order for services in the field of information technology in the manner prescribed by this Agreement, such person is considered to have accepted this Agreement (Offer) and becomes the Customer.
1.3. Payment by the Customer of an order for services in the field of information technology in the manner and on the terms stipulated by the Agreement is a full and unconditional acceptance of this offer.
2. Subject of the Agreement-Offer.
2.1. The Contractor undertakes to provide services in the field of information technology in accordance with the Project Plan, and / or Terms of Reference (hereinafter referred to as TOR), and / or Media Plan. The term for the provision of services is agreed by the parties by e-mail or other communication channels indicated on the Contractor's website. The customer undertakes to pay and accept the service.
2.2. The Contractor has the right to involve any persons at its discretion in order to provide services.
3. The moment of conclusion of the Agreement.
3.1. The text of this Agreement is a public offer. The Agreement defines the features of the sale and purchase of services and developments of the Contractor. This offer applies to services, as well as software developed to order in accordance with the TOR agreed with the Customer. The validity period of this offer is set from January 1, 2020 to January 1, 2030.
3.2. The fact of placing an ORDER for services from the Contractor, both independently and through the operator, is the unconditional acceptance of this Agreement, and the Customer is considered as a person who has entered into a contractual relationship with the Contractor. At the same time, the Customer guarantees that he has read, agrees, fully and unconditionally accepts all the conditions that are set forth in the text of this Offer Agreement.
3.3. The Offer Agreement does not require signing and sealing by the Customer and the Contractor (hereinafter referred to as the Parties), while maintaining legal force.
3.4. Registration of the ORDER of services and calculation is carried out by e-mail or other communication channels indicated on the Contractor's website.
3.5. The contract is considered concluded from the moment of payment or prepayment (negotiated by the parties) by the Customer of the cost of services.
3.6. Payment for the cost of services is carried out in a non-cash manner using Internet acquiring services or by bank transfer, or transfer to the Contractor's bank card, or other payment methods not prohibited by applicable law.
3.7. Payment is considered made from the moment the funds are credited to the Contractor's account.
3.8. The cost of services is agreed with the Customer via electronic means of communication indicated on the Contractor's website after the approval of the Project Plan, TOR or Media Plan.
3.9. The Agreement is posted on the Contractor's website https://agento.pro/offer
(hereinafter referred to as the "Site").
3.10. The Contractor has the right to make changes to the terms of the Agreement at any time. Changes to the terms of the Agreement take effect from the moment they are published on the Site.
4. Duration of the contract.
4.1. This Agreement comes into force from the moment of contacting the contractor and placing the Order, and ends with the full fulfillment of obligations by the Parties.
5. Relations in the field of consumer protection. Payment and provision of services, delivery of goods.
5.1. Relations in the field of consumer protection are regulated in accordance with the current legislation of the Customer's country.
5.1.2. You confirm that you are a person over 18 years of age, or a minor, released from parental care, or have legally valid consent from parents and guardians, and are fully legal and competent person, able to take responsibility for the terms, conditions, obligations , statements, representations and warranties set forth in this Agreement, and is able to fulfill and enforce the terms of this Agreement.
5.2. Any ambiguity or lack of interpretation of the provisions and instructions of this Agreement should be taken solely in favor and in the interests of the Contractor.
5.3. The provision of services is carried out using the Internet resources of the Contractor. Delivery of the developed software to the Customer is carried out using e-mail, or through other communication channels indicated on the Contractor's website. All actions are carried out subject to 100% prepayment.
5.4. The Customer has the right to use the software developed by the Contractor without restrictions.
5.5. The withdrawal of the offer can be carried out by the Contractor at any time, which is not a basis for waiver of obligations under the already concluded Agreement.
6. The Contractor shall not be liable and shall not reimburse the Customer for losses caused by violations and / or errors in the operation of the Software, resulting from illegal actions of the Customer or third parties, as well as malfunctions of technical means and electrical equipment failures.
6.1. The Contractor is not responsible, does not reimburse and is not liable for any losses, including lost profits, moral and other harm caused to the Customer or third parties as a result of the provision of services or the use of the Software, including for losses associated with the adoption of any decisions and actions based on information posted in reports on services and software interfaces.
7. Return and exchange of information, digital goods, as well as software is not made.
7.1. In case of unilateral refusal of the Customer from the services, the Contractor does not refund the amount of the prepayment, does not make any compensation.
7.2. In the event that the execution of the Agreement requires actions from both parties, the Customer undertakes the obligation to get in touch at least every 7 days. If the Customer does not get in touch within 60 days, then the Agreement is considered terminated without any compensation to the Customer.
8. Liability of the Parties and Dispute Resolution.
8.1. The Parties are responsible for non-performance or improper performance of this Agreement in the manner prescribed by this Agreement and the current legislation of the Customer's country.
8.2. The Contractor is not responsible for the delivery of the Order if the Customer specified an incorrect delivery address.
8.3. The Contractor is not responsible if the Seller's expectations about the consumer properties of the Software were not justified.
8.4. The Contractor shall not be liable for partial or complete non-fulfillment of obligations for the delivery of the developed software, if they are the result of force majeure circumstances.
8.5. When placing an Order, the Customer is responsible for the accuracy of the information provided about himself, and also confirms that he has read and agrees with the terms of this Agreement.
8.6. If it is impossible to fulfill the Agreement within the agreed period, the Contractor undertakes to agree on new development dates with the Customer, or propose termination of the agreement.
8.7. All disputes and disagreements arising from the PARTIES' failure to fulfill their obligations under this Agreement shall be resolved through negotiations.
9. Rights and obligations of the parties.
9.1. The Contractor undertakes:
9.1.1. Develop the Program in accordance with the Terms of Reference. The development time directly depends on the complexity of the TOR, therefore it is agreed with the Customer individually by mail or other means of communication indicated on the site.
9.1.2. Inform the Customer about the development progress upon his request.
9.1.3. Transfer the program for testing to the Customer (maximum testing period is 15 working days).
9.1.4. Fix bugs during the testing period following Customer's acceptance of the Program, and provide Customer with the corrected version no later than 15 business days after receipt of a valid bug report from Customer.
The error message should contain a description of the actions that lead to this error (instructions for reproducing the error), the paragraph of the TOR with which it contradicts and an explanation of why (if the error is associated with any calculations, then give the correct calculations for this particular case) complete program logs, screenshots on which the error is visible (for example, instrument chart, order book, history of transactions, drive settings).
9.1.5. Fix bugs at the end of the testing period for a year based on an hourly rate of $35/hour.
9.1.6. Not to disclose any private information of the Customer and not to provide access to this information to third parties, except as required by law. The information is:
- technical, business and other data, which includes, but is not limited to, information on inventions, developments, trade secrets, methods and other information regarding the project and/or internal control systems of the Parties;
- information about private exclusive projects, concepts;
- reports and documentation, various codes, access codes, object programs and interpreted codes, structural, algorithmic information, as well as prices;
- scientific, technical, financial, economic, technological information;
- production secrets (know-how) and other Information that has commercial value.
9.1.7. Provide the Customer with the opportunity to receive free consultations on the types of communication indicated on the website (limited to specific issues related to the execution of the Order).
9.1.8. The Contractor reserves the right to change this Agreement unilaterally until the moment of its conclusion.
9.2. The customer undertakes:
9.2.1. Timely explain and agree on places or changes in the TOR that are incomprehensible to the Contractor.
9.2.2. Pay for the work of the Contractor in the amount agreed by mail after the approval of the Project Plan and TOR.
9.2.3. In the case of an order value of up to $10,000, make a 100% prepayment of the cost of services after agreeing on the ToR, and/or the Project Plan, and/or the Media Plan.
9.2.4. Accept the work of the Contractor within 5 working days after the submission of the Report, or the finished Program in the absence of reasonable discrepancies in the TOR or the Project Plan, Media Plan, the terms of the Agreement. Agree on a revision plan in case of discrepancies.
9.2.5. Before the conclusion of the Agreement, familiarize yourself with the content of the Offer Agreement, the terms of payment for services and delivery of goods on the Contractor's website.
9.2.6. Provide reliable information about yourself (full name, contact numbers, e-mail address) and details for the delivery of the developed software.
9.2.7. Do not disclose confidential information and other data provided by the Contractor in connection with the execution of this Offer Agreement.
9.2.8. Independently and at its own expense create the necessary technical conditions for the functioning of the purchased software.
9.2.9. The customer is obliged to test the received software within 30 calendar days to identify inconsistencies between the work of the software and the work described in the agreed terms of reference. Upon expiration of the testing period, the correction work is paid in accordance with clause 9.1.5. actual agreement.
10. Force Majeure.
10.1. The Parties are released from liability for full or partial failure to fulfill obligations under the Agreement in the event that the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of public authorities or other circumstances beyond the control of the Parties.
10.2. If any of these circumstances directly led to the failure to fulfill obligations within the terms established by the Agreement, then these terms are extended in proportion to the duration of the relevant circumstances.
10.3. If these circumstances last more than 1 (one) calendar month, then each of the Parties will have the right to take the initiative to terminate the Agreement due to the impossibility of its execution. If the Parties decide to terminate the Agreement on the above grounds, none of the Parties will be entitled to compensation for possible losses.
10.4. The Party that cannot fulfill its obligations under the Agreement must promptly, but no later than 10 (Ten) business days after the onset of force majeure circumstances, notify the other Party in writing, with the provision of supporting documents issued by the competent authorities.
10.5. Failure to notify or untimely notification of the occurrence of force majeure deprives the "Party" of the right to refer to any of the above circumstances as a basis for exemption from liability for failure to fulfill obligations.
10.6. The "Parties" acknowledge that the insolvency of the "Parties" is not a force majeure event.
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