PUBLIC OFFER AGREEMENT ON THE PROVISION OF SERVICES
This Agreement, in which one party www.epps.com.ua, (hereinafter - the Contractor), on the one hand, and any person who accepted (accepted) this offer (hereinafter - the Customer), on the other hand, hereinafter together — The Parties, and each individually a Party, concluded this Agreement (hereinafter — the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Contractor to enter into an Agreement for the provision of services with any Customer. When ordering and paying for the Services of the Contractor, the Customers accept the terms of this Agreement regarding the following.
1. GENERAL PROVISIONS
1.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer to conclude the Agreement in its entirety, without signing a written copy by the Parties to the Agreement.
1.2. The contract has legal force in accordance with Art. Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
1.3. The customer confirms the fact of familiarization with and agreement with all the terms of this Agreement in full by acceptance.
1.4. Any of the following actions shall be considered acceptance of this public offer agreement:
– the fact of the Customer's registration on the Contractor's Website and the execution of the Contractor's Services Order on the Contractor's website www.epps.com.ua;
– payment for the Contractor's Services on the terms and in the manner specified in this Agreement and on the relevant pages of the Contractor's website www.epps.com.ua
– a written (including in electronic form by means of e-mail) notification of the Customer on acceptance of the terms of this Agreement to the e-mail address specified on the website www.epps.com.ua.
1.5. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for the Services and all attachments that are integral parts of the Agreement.
1.6. If the Customer does not agree with the terms of the Agreement, he has no right to enter into this Agreement, and also has no right to use the Services under this Agreement.
2. TERMS AND DEFINITIONS
"Public offer contract" - a public contract, a sample of which is posted on the website www.epps.com.ua.
"Acceptance" - the provision by the Customer of full and unconditional consent to the conclusion of this Agreement in its entirety, without the signature of a written copy by the Parties to the Agreement.
"Services" - the Service or several Services provided by the Contractor and indicated by the Contractor in the relevant section of the Contractor's Website www.epps.com.ua.
"Customer" is any legally competent natural person, legal entity, individual entrepreneur who visited the website www.epps.com.ua and accepted this Agreement.
"Executor" - a business entity, a natural person - an entrepreneur who provides services and details of which are specified in section 12 of this Agreement.
"Order" - a properly executed application of the Customer for receiving Services, addressed to the Contractor.
3. SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes to provide the Customer with the Services specified by the Contractor in the relevant section of the Contractor's website www.epps.com.ua under the conditions and in the manner specified by this Agreement, and the Customer undertakes under the conditions and in the manner specified by this Agreement, accept and pay for the ordered Services.
3.2. The Customer and the Contractor confirm that this Agreement is not a fictitious or pretend transaction or a transaction concluded under the influence of pressure or deception.
4. RIGHTS AND OBLIGATIONS OF THE PERFORMER
4.1. The executor is bound by obligations:
● fulfill the terms of this Agreement;
● provide the Customer with Services of appropriate quality;
● association to objectively inform the Customer about the Services and the terms of their provision on the Website www.epps.com.ua.
4.2. The executor has the right to:
● unilaterally suspend the provision of services under this Agreement in case of violation by the Customer of the terms of this Agreement;
● other rights in accordance with the current legislation of Ukraine and this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The customer is obliged to:
● timely pay and receive the Order under the terms of this Agreement;
● familiarize yourself with the information about the Services, which is posted on the Contractor's website.
5.2. The customer has the right to:
● place an Order for the Services indicated on the relevant page of the Website www.epps.com.ua;
● require the Contractor to provide Services in accordance with the terms of this Agreement;
● other rights in accordance with the current legislation of Ukraine and this Agreement.
6. ORDER PROCEDURE
6.1. The Customer independently places the Order on the appropriate page of the Website www.epps.com.ua by adding the Services to the virtual cart by clicking the appropriate "Add to Cart" button, or by using the payment system by clicking the "Buy" button, or by placing an order by e-mail , or at the phone number specified in the contact section of the Website www.epps.com.ua.
6.2. Lines of processing by the Executor of the Order - up to 3 (three) working days from the moment of its registration. If the Order is sent on a weekend or holiday, the Order processing period begins on the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Service is determined by the Contractor and indicated on the corresponding page of the Website www.epps.com.ua. The price of the Contract (the value of the Order) is determined by adding the prices of all the Services selected by the Customer.
7.2. The Customer pays for the Contractor's Services based on this Agreement in Euro currency. Payment in other currencies is discussed separately. If payment is made in the national currency of Ukraine in hryvnias, the Parties agree that the equivalent cost of the Services, determined on the relevant page of the Website www.epps.com.ua in euros, is paid by the Customer in hryvnias in accordance with the official exchange rate of the hryvnia to the euro, established by the National Bank of Ukraine on the day of issuing the corresponding invoice for the Services by the Contractor.
7.3. Payment for Services is carried out by:
7.3.1. transfer of funds to the current account of the Contractor (if the Customer is an individual or legal entity) or
7.3.2. using other means of payment indicated on the Contractor's Website (if the Customer is an individual).
7.4. The moment of payment for the Services is considered to be the time when funds are credited to the Contractor's current account.
7.5. Payment for the Services shall be made by the Customer within 3 (three) banking days from the moment of conclusion of the Agreement by the Parties and issuance of the relevant invoice by the Contractor. The invoice drawn up by the Contractor is valid for three banking days.
7.6. The customer shall pay the cost of third-party services independently and at his own expense, if it is necessary to obtain the Contractor's Services under this Agreement.
8. PROCEDURE FOR OBTAINING SERVICES. PROCEDURE FOR ACCEPTING THE TRANSFER OF PROVIDED SERVICES.
8.1 The rules for providing and receiving Services are specified on the relevant page of the Website www.epps.com.ua and are appendices (are comprehensive parts) of this Agreement. All questions that arose in the process of payment and receipt of Services, the Customer can clarify the connection with the Contractor using the contact details specified in section 12 of this Contract Details of the Contractor.
8.2. The fact of receiving the Services by the Customer - a natural person is confirmed by the payment of the Contractor's Services by such Customer. The executor is obliged to send the Customer an invoice and a receipt for payment of the Services.
8.3. The fact of receiving the Services by the Customer - a legal entity is confirmed by the Act of acceptance and transfer of the provided Services (hereinafter - the Act), which is signed by the Parties (or signed by the Contractor unilaterally in the cases provided for in this Agreement). The executor is obliged to send the Customer a signed bill (invoice) and a signed Act in 2 copies by mail (previously, an electronic copy of the bill and the Act can be sent by e-mail or fax). The customer is obliged by obligations to sign the Act within 3 (three) working days from the date of receipt and to send the 2nd copy of the Act to the Executor by mail, and in case of disagreement with the signing of the Act - his written objections. If within the first (one) month from the moment the Act was sent to the Customer, the 2nd copy of the Act signed by the Customer or written objections to the signing of the Act did not arrive at the Contractor's postal address, the Contractor signs the Act of acceptance and transfer of the provided Services unilaterally.
9. RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
9.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the parties are responsible in accordance with the current legislation of Ukraine.
9.2. All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
9.3. If the relevant dispute cannot be resolved through negotiations, it is resolved in a court of law under the established jurisdiction and jurisdiction of such a dispute in accordance with the legislation in force in Ukraine.
9.4. The Contractor does not bear any responsibility for failure to provide or improper provision of Services to the Customer, provided that any circumstances arise that are not the fault of the Contractor (namely, the occurrence of circumstances that arose from the fault or carelessness of the Customer and / or the occurrence of circumstances that arose due to the fault or carelessness of any third party (any third parties) and/or force majeure).
10. FORCE MAJEURE AND REFUNDS
10.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of the obligations provided for in this Agreement, if it arose as a result of force majeure circumstances.
10.2. In this Agreement, force majeure means any circumstances that have arisen beyond the control or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: quarantine, military operations, civil unrest, epidemics, blockades, earthquakes, floods, fire, as well as decisions or prescriptions of the state authorities and administration of the state of which the Customer is a resident, or of the state of which the Contractor is a resident, as a result of which additional obligations will be imposed on the Parties (or one of the Parties) or additional restrictions will be established and which make it impossible complete or partial performance of the Agreement, as well as other actions or events beyond the control of the Parties.
10.3. If the force majeure circumstances continue for more than 3 (three) months in a row, each of the Parties shall have the right to refuse further fulfillment of obligations under this Agreement, and in such a case, none of the Parties shall have the right to be compensated by the other Party for possible losses.
10.4. In the case of circumstances in which the Customer expressed a desire to return funds previously paid by him to the Contractor for the provision of services, this is possible only under the following conditions: prior written application by the Customer to the Contractor; no later than 14 working days before the start of the service provision process. If the Customer fulfills the above conditions, the Customer will refund the funds within 14 days.
11. OTHER TERMS OF THE AGREEMENT
11.1. Each Party guarantees to the other Party that it has the necessary legal capacity, but also all the rights and powers necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms.
11.2. Unilateral change of the terms of the concluded Agreement by the Customer or refusal to fulfill the terms of the concluded Agreement by the Customer is inadmissible, with the exception of the cases provided for in this Agreement. None of the Parties to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
11.3. The information provided by the Customer is confidential. Information about the Customer is used exclusively for the purpose of fulfilling his Order.
11.4. By his own acceptance of the Contract, the Customer voluntarily gives his consent to the collection and processing of his personal data with the following purpose: the data that becomes known will be used for commercial purposes, including receiving information about the order and processing information about it, sending by telecommunications means of communication (electronic by mail, mobile communication by language) advertising and special offers, information about promotions or any other information about the activities of the Website www.epps.com.ua.
11.5. The Contractor is not responsible for the content and truthfulness of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information specified when placing the Order.
11.6. The Customer is granted the right to use the Contractor's Services exclusively in its internal activities without the right to alienate or transfer them to third parties.
11.7. The Parties undertake to keep confidential information obtained as a result of the implementation of this Agreement, except when this is authorized in writing by the other Party or required by state authorities in accordance with current legislation. The guilty Party is responsible for the disclosure of confidential information in accordance with current legislation.
11.8. The Agreement is public and open-ended and is valid until its termination by any of the Parties in accordance with the procedure established by this Agreement or current legislation, but in any case until the moment of its final execution by the Parties. The parties agreed that the term of this Agreement cannot be less than 3 (three) calendar months. This Agreement is considered to be agreed by the Customer and concluded at the location of the Contractor from the date of acceptance.
11.9. The executor independently, in accordance with and in compliance with the requirements of the current legislation of Ukraine, determines the terms of this Agreement and its appendices, which are its integral parts. The Contractor has the right to independently change and/or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services under this Agreement. At the same time, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes posted on the Contractor's Website is valid.
This Agreement, in which one party www.epps.com.ua, (hereinafter - the Contractor), on the one hand, and any person who accepted (accepted) this offer (hereinafter - the Customer), on the other hand, hereinafter together — The Parties, and each individually a Party, concluded this Agreement (hereinafter — the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Contractor to enter into an Agreement for the provision of services with any Customer. When ordering and paying for the Services of the Contractor, the Customers accept the terms of this Agreement regarding the following.
1. GENERAL PROVISIONS
1.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer to conclude the Agreement in its entirety, without signing a written copy by the Parties to the Agreement.
1.2. The contract has legal force in accordance with Art. Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
1.3. The customer confirms the fact of familiarization with and agreement with all the terms of this Agreement in full by acceptance.
1.4. Any of the following actions shall be considered acceptance of this public offer agreement:
– the fact of the Customer's registration on the Contractor's Website and the execution of the Contractor's Services Order on the Contractor's website www.epps.com.ua;
– payment for the Contractor's Services on the terms and in the manner specified in this Agreement and on the relevant pages of the Contractor's website www.epps.com.ua
– a written (including in electronic form by means of e-mail) notification of the Customer on acceptance of the terms of this Agreement to the e-mail address specified on the website www.epps.com.ua.
1.5. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for the Services and all attachments that are integral parts of the Agreement.
1.6. If the Customer does not agree with the terms of the Agreement, he has no right to enter into this Agreement, and also has no right to use the Services under this Agreement.
2. TERMS AND DEFINITIONS
"Public offer contract" - a public contract, a sample of which is posted on the website www.epps.com.ua.
"Acceptance" - the provision by the Customer of full and unconditional consent to the conclusion of this Agreement in its entirety, without the signature of a written copy by the Parties to the Agreement.
"Services" - the Service or several Services provided by the Contractor and indicated by the Contractor in the relevant section of the Contractor's Website www.epps.com.ua.
"Customer" is any legally competent natural person, legal entity, individual entrepreneur who visited the website www.epps.com.ua and accepted this Agreement.
"Executor" - a business entity, a natural person - an entrepreneur who provides services and details of which are specified in section 12 of this Agreement.
"Order" - a properly executed application of the Customer for receiving Services, addressed to the Contractor.
3. SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes to provide the Customer with the Services specified by the Contractor in the relevant section of the Contractor's website www.epps.com.ua under the conditions and in the manner specified by this Agreement, and the Customer undertakes under the conditions and in the manner specified by this Agreement, accept and pay for the ordered Services.
3.2. The Customer and the Contractor confirm that this Agreement is not a fictitious or pretend transaction or a transaction concluded under the influence of pressure or deception.
4. RIGHTS AND OBLIGATIONS OF THE PERFORMER
4.1. The executor is bound by obligations:
● fulfill the terms of this Agreement;
● provide the Customer with Services of appropriate quality;
● association to objectively inform the Customer about the Services and the terms of their provision on the Website www.epps.com.ua.
4.2. The executor has the right to:
● unilaterally suspend the provision of services under this Agreement in case of violation by the Customer of the terms of this Agreement;
● other rights in accordance with the current legislation of Ukraine and this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The customer is obliged to:
● timely pay and receive the Order under the terms of this Agreement;
● familiarize yourself with the information about the Services, which is posted on the Contractor's website.
5.2. The customer has the right to:
● place an Order for the Services indicated on the relevant page of the Website www.epps.com.ua;
● require the Contractor to provide Services in accordance with the terms of this Agreement;
● other rights in accordance with the current legislation of Ukraine and this Agreement.
6. ORDER PROCEDURE
6.1. The Customer independently places the Order on the appropriate page of the Website www.epps.com.ua by adding the Services to the virtual cart by clicking the appropriate "Add to Cart" button, or by using the payment system by clicking the "Buy" button, or by placing an order by e-mail , or at the phone number specified in the contact section of the Website www.epps.com.ua.
6.2. Lines of processing by the Executor of the Order - up to 3 (three) working days from the moment of its registration. If the Order is sent on a weekend or holiday, the Order processing period begins on the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Service is determined by the Contractor and indicated on the corresponding page of the Website www.epps.com.ua. The price of the Contract (the value of the Order) is determined by adding the prices of all the Services selected by the Customer.
7.2. The Customer pays for the Contractor's Services based on this Agreement in Euro currency. Payment in other currencies is discussed separately. If payment is made in the national currency of Ukraine in hryvnias, the Parties agree that the equivalent cost of the Services, determined on the relevant page of the Website www.epps.com.ua in euros, is paid by the Customer in hryvnias in accordance with the official exchange rate of the hryvnia to the euro, established by the National Bank of Ukraine on the day of issuing the corresponding invoice for the Services by the Contractor.
7.3. Payment for Services is carried out by:
7.3.1. transfer of funds to the current account of the Contractor (if the Customer is an individual or legal entity) or
7.3.2. using other means of payment indicated on the Contractor's Website (if the Customer is an individual).
7.4. The moment of payment for the Services is considered to be the time when funds are credited to the Contractor's current account.
7.5. Payment for the Services shall be made by the Customer within 3 (three) banking days from the moment of conclusion of the Agreement by the Parties and issuance of the relevant invoice by the Contractor. The invoice drawn up by the Contractor is valid for three banking days.
7.6. The customer shall pay the cost of third-party services independently and at his own expense, if it is necessary to obtain the Contractor's Services under this Agreement.
8. PROCEDURE FOR OBTAINING SERVICES. PROCEDURE FOR ACCEPTING THE TRANSFER OF PROVIDED SERVICES.
8.1 The rules for providing and receiving Services are specified on the relevant page of the Website www.epps.com.ua and are appendices (are comprehensive parts) of this Agreement. All questions that arose in the process of payment and receipt of Services, the Customer can clarify the connection with the Contractor using the contact details specified in section 12 of this Contract Details of the Contractor.
8.2. The fact of receiving the Services by the Customer - a natural person is confirmed by the payment of the Contractor's Services by such Customer. The executor is obliged to send the Customer an invoice and a receipt for payment of the Services.
8.3. The fact of receiving the Services by the Customer - a legal entity is confirmed by the Act of acceptance and transfer of the provided Services (hereinafter - the Act), which is signed by the Parties (or signed by the Contractor unilaterally in the cases provided for in this Agreement). The executor is obliged to send the Customer a signed bill (invoice) and a signed Act in 2 copies by mail (previously, an electronic copy of the bill and the Act can be sent by e-mail or fax). The customer is obliged by obligations to sign the Act within 3 (three) working days from the date of receipt and to send the 2nd copy of the Act to the Executor by mail, and in case of disagreement with the signing of the Act - his written objections. If within the first (one) month from the moment the Act was sent to the Customer, the 2nd copy of the Act signed by the Customer or written objections to the signing of the Act did not arrive at the Contractor's postal address, the Contractor signs the Act of acceptance and transfer of the provided Services unilaterally.
9. RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
9.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the parties are responsible in accordance with the current legislation of Ukraine.
9.2. All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
9.3. If the relevant dispute cannot be resolved through negotiations, it is resolved in a court of law under the established jurisdiction and jurisdiction of such a dispute in accordance with the legislation in force in Ukraine.
9.4. The Contractor does not bear any responsibility for failure to provide or improper provision of Services to the Customer, provided that any circumstances arise that are not the fault of the Contractor (namely, the occurrence of circumstances that arose from the fault or carelessness of the Customer and / or the occurrence of circumstances that arose due to the fault or carelessness of any third party (any third parties) and/or force majeure).
10. FORCE MAJEURE AND REFUNDS
10.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of the obligations provided for in this Agreement, if it arose as a result of force majeure circumstances.
10.2. In this Agreement, force majeure means any circumstances that have arisen beyond the control or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: quarantine, military operations, civil unrest, epidemics, blockades, earthquakes, floods, fire, as well as decisions or prescriptions of the state authorities and administration of the state of which the Customer is a resident, or of the state of which the Contractor is a resident, as a result of which additional obligations will be imposed on the Parties (or one of the Parties) or additional restrictions will be established and which make it impossible complete or partial performance of the Agreement, as well as other actions or events beyond the control of the Parties.
10.3. If the force majeure circumstances continue for more than 3 (three) months in a row, each of the Parties shall have the right to refuse further fulfillment of obligations under this Agreement, and in such a case, none of the Parties shall have the right to be compensated by the other Party for possible losses.
10.4. In the case of circumstances in which the Customer expressed a desire to return funds previously paid by him to the Contractor for the provision of services, this is possible only under the following conditions: prior written application by the Customer to the Contractor; no later than 14 working days before the start of the service provision process. If the Customer fulfills the above conditions, the Customer will refund the funds within 14 days.
11. OTHER TERMS OF THE AGREEMENT
11.1. Each Party guarantees to the other Party that it has the necessary legal capacity, but also all the rights and powers necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms.
11.2. Unilateral change of the terms of the concluded Agreement by the Customer or refusal to fulfill the terms of the concluded Agreement by the Customer is inadmissible, with the exception of the cases provided for in this Agreement. None of the Parties to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
11.3. The information provided by the Customer is confidential. Information about the Customer is used exclusively for the purpose of fulfilling his Order.
11.4. By his own acceptance of the Contract, the Customer voluntarily gives his consent to the collection and processing of his personal data with the following purpose: the data that becomes known will be used for commercial purposes, including receiving information about the order and processing information about it, sending by telecommunications means of communication (electronic by mail, mobile communication by language) advertising and special offers, information about promotions or any other information about the activities of the Website www.epps.com.ua.
11.5. The Contractor is not responsible for the content and truthfulness of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information specified when placing the Order.
11.6. The Customer is granted the right to use the Contractor's Services exclusively in its internal activities without the right to alienate or transfer them to third parties.
11.7. The Parties undertake to keep confidential information obtained as a result of the implementation of this Agreement, except when this is authorized in writing by the other Party or required by state authorities in accordance with current legislation. The guilty Party is responsible for the disclosure of confidential information in accordance with current legislation.
11.8. The Agreement is public and open-ended and is valid until its termination by any of the Parties in accordance with the procedure established by this Agreement or current legislation, but in any case until the moment of its final execution by the Parties. The parties agreed that the term of this Agreement cannot be less than 3 (three) calendar months. This Agreement is considered to be agreed by the Customer and concluded at the location of the Contractor from the date of acceptance.
11.9. The executor independently, in accordance with and in compliance with the requirements of the current legislation of Ukraine, determines the terms of this Agreement and its appendices, which are its integral parts. The Contractor has the right to independently change and/or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services under this Agreement. At the same time, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes posted on the Contractor's Website is valid.
PUBLIC OFFER AGREEMENT ON THE PROVISION OF SERVICES