PUBLIC CONTRACT (OFFER)
for the provision of paid Services (performance of work)
This agreement (hereinafter referred to as the Agreement) is a public agreement of affiliation, defines the procedure for the provision of Services (performance of work), as well as the relationship, mutual rights and obligations between OOO Velikiy Kamen, hereinafter referred to as the "Contractor", represented by Director Alexander Nikolaevich Vaskevich, acting on the basis of the Charter, and the consumer of Services, who accepted (accepted) the public offer (offer) for the conclusion of this Agreement, hereinafter referred to as the "Customer", and together referred to as the "Parties".
1.TERMS AND DEFINITIONS
An offer is a real document (contract) published by the Contractor on the Internet.;
Acceptance of the offer is the full and unconditional acceptance of the offer by way of prepayment of the ordered Services. Acceptance of this offer by the Customer means the conclusion of a contract between the parties on the terms stipulated in the offer.;
The Internet is a worldwide global computer network with shared access.
A website (website) is a computer program and database that is an automated reference system based on web technologies or with their involvement, consisting of web pages intended for use on the Internet. Access to the site is possible if the user has publicly available browser programs and Internet access on on the server side — the corresponding hardware and software.
Advertising materials — any text, graphic, audio, video and/or mixed advertising materials (banners, hyperlinks, press releases, articles, etc.) provided by the Customer for the purpose of their placement on the Internet.
Advertising platforms are a resource where advertising materials are placed. Trade secret — technological, commercial, organizational, financial and other information of any of the Parties.
Content is any information that can be created and distributed in a digital format.: text, images, video, audio, and multimedia.
Technological information is information about the plan, the process, and the specifics of performing Services by the Contractor.
Commercial information is information about the cost of Services (works) and the current market situation for various goods and services.
Organizational information is information about the structure, composition, and hierarchy of an enterprise and its divisions.
Financial information is information about the company's production, personnel, sales, credit, tax, and other processes.
Copyright is a set of property and personal non—property rights over an object of copyright.
Copyright objects are advertising materials (text, images, videos) created as part of the performance of Services (works) The performer.
The author of the project is the creator of copyright objects.
2.SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes obligations to provide one or more Services and perform work for the Customer.:
2.1.1.Website development.
2.1.2.Contextual advertising (Google, Yandex).
2.1.3.Targeted advertising (Facebook, Instagram, VK).
2.1.4.SMM promotion (Facebook, Instagram, VK, Telegram).
2.1.5.SEO
(hereinafter referred to as Services/Works), for which an agreement has been reached between the Contractor and the Customer, and the Customer undertakes to accept and pay for the Services/Works in accordance with the terms of this Agreement.
2.2.The list of Services/works to be provided under the Contract, the period of their provision, other conditions defining the procedure for the provision of Services / works, as well as other information essential for the provision of Services / works is posted on the Contractor's website on the Internet. https://ozta.com /, and are also indicated in the Invoice for payment, issued by the Contractor and accepted by the Requester. Acceptance of the Invoice Protocol, including confirmation of the fact of payment on it.
2.3. The Contractor, when providing part of the Services / works, is an advertising distributor and is included in the state information resource "Register of Advertising Distributors" for No. 7121.
3. THE PROCEDURE FOR CONCLUDING THE CONTRACT
3.1. This Agreement is a public affiliation agreement (Articles 396, 398 of the Civil Code of the Republic of Belarus), under which the Contractor assumes responsibilities for the provision of Services / works and performs them in relation to each business entity. The terms of the Contract are set to be the same for all Customers.
3.2.Posting the text of this Agreement on the Contractor's website on the Internet at: https://ozta.com/offer_agreement / is a public offer (offer) of the Contractor to conclude this Agreement, addressed to an indefinite circle of persons (Clause 2, Article 407 of the Civil Code of the Republic of Belarus).
3.3.The conclusion of the Agreement takes place through the Client's joining the proposed agreement as a whole without any restrictions.or conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).
3.4. The fact of acceptance by the Customer of the terms of the Agreement is the payment by the Customer for the Services / works ordered by him in the manner and on the terms defined by this Agreement (Clause 3, Article 408 of the Civil Code of the Republic of Belarus).
3.5. The Agreement is recognized as concluded at the time of receipt by the Contractor who sent the offer, its acceptance (clause 1, Article 403 of the Civil Code of the Republic of Belarus). the Code of the Republic of Belarus). The date of acceptance under this Agreement is the date when the Customer's funds are credited to the Contractor's current account to pay for the ordered Services/works.
3.6. The written form of the Agreement is considered to be complied with, provided that the acceptance procedure is followed in accordance with clause 3.4 of the Agreement (Clause 3 of Article 404, Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).
3.7. After reviewing the terms of the public offer, the Customer sends a request for Services/works to the Contractor in any form by phone call or e-mail.
3.8. After receiving a request from the Customer for the provision of Services/works, the Contractor sends to the Customer in electronic form a Protocol Invoice, which contains information about the Contractor and the Customer, the Contractor's bank details, the list and volume of Services/ works ordered, the cost of Services/ works and the currency of payment, as well as the period of Services / works, which is calculated from the date of receipt, agreed in the Invoice Protocol, of the prepayment amount in full and receipt by the Contractor from the Customer of all necessary information and materials for the provision of Services / works. By agreement of the parties, the Protocol Invoice may be signed by the parties in writing.
3.9. The Parties recognize the Contractor's location as the place of conclusion of the Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor is obliged to:
4.1.1. To provide the Customer with Services/works in the amount, on time and during the period specified in the Invoice issued by the Contractor and accepted by the Customer, subject to their full payment and subject to the Customer's compliance with all the requirements of this Agreement;
4.1.2. To start rendering Services/works within 3 (three) business days after the total fulfillment by the Customer of the obligations stipulated in clauses 4.3.1- 4.3.3 Agreements
4.1.3. Appoint a responsible employee to interact with the Customer's employee, provide his contact details to the Customer no later than 1 (one) business day from the date of payment of the Contract and, in case of replacement of the responsible person, notify the Customer of such replacement within 1 (one) business day from the date of replacement.
4.1.4. Inform the Customer about the acceptance or non-acceptance of the application / materials for placement from the Customer within 1 (one) business day from the moment the Customer submits the application / materials.
4.1.5. Grant the Customer the right to review the progress of the provision of Services/works under this Agreement, subject to prior agreement with the Contractor. Information and consulting support of the Customer (responses to emails, by phone, personal meetings, etc.) is provided on working days from 9.00 to 13.00 and from 14.00 to 18.00.
4.2.The Contractor has the right:
4.2.1. Independently determine the ways of rendering Services / works under the Contract.
4.2.2. Not to start or suspend the provision of Services/ Works, as well as to cancel the Contract and demand compensation for costs and losses in cases where the Customer's violation of its obligations under this Agreement prevents the Contractor from fulfilling it, including in case of late payment by the Customer for Services/ works under this Agreement.
4.2.3. In the event of a delay in the provision of materials and information by the Customer, coordination of the stages of Services /works, payment for additional Services / works, or other non-fulfillment by the Customer of its obligations stipulated in the contract and its appendices, the deadlines for the Contractor's performance of Services / works are automatically extended (without notifying the Customer) for the period of delay in the fulfillment by the Customer of his obligations, with the addition to this period of 10 (ten) business days necessary for the Contractor to resume Services / work on the order.
4.2.4.If the Customer delays the provision of content necessary for the performance of Services/Works, the Contractor has the right to use arbitrary content.
4.2.5. If it is impossible for the Customer to provide the necessary materials, the Contractor may use images from photo stocks within the framework of the agreement. The individual creation of content for the Customer's project is determined and agreed upon by the parties in a separate Invoice Protocol to this Agreement.
4.2.6. Refuse to post the Customer's materials containing information or a link to information that contradicts the legislation of the state (country) where the advertising material is placed, the rules of advertising platforms and/or violates the rights of third parties. At the same time, the Contractor is not obliged to check the Customer's Materials for compliance with the current legislation of the state (country) where the advertising material is placed.
4.2.7. To involve third parties for the provision of Services/works under this Agreement, while remaining responsible to the Customer for their actions and the result of the relevant Services/works.
4.3.The Customer is obliged to:
4.3.1.Pay for the Contractor's Services/ works in the manner, on time and in the amount established by this Agreement, the Invoice Protocols and acts of Services / works rendered to it.
4.3.2. Identify the employee or group of employees of the Customer responsible for the implementation of relations with the Contractor within 1 (one) business day. The instructions given by the Customer's representatives, the provision of information and other actions are actions agreed with the Customer. The Customer undertakes to provide information about the contact persons and methods of communication with these persons (e-mail address, contact messenger (Skype, Viber, Telegram), mobile phone number, etc.) to the Contractor by e-mail.
4.3.3. Provide, within 7 (seven) business days prior to the start date of the provision of Services/works, the materials (content) necessary for the provision of Services/Works, exclusively in digital formats MS Word, MS EXCEL, PSD, JPG (to be agreed individually) to the Contractor's e-mail. Materials (photos, texts, tables) must be signed and sorted into folders. Photographic materials must be provided in formats (GIF, SVG, JPG, PSD, CDR, PNG, BMP), small images are allowed to be at least (400×300 px), large ones — at least (800×600 px).
4.3.4. The Customer is solely responsible for the content of the information provided to the Contractor for use in promotional materials.
4.3.5. Do not violate the legislation of the state (country) where the advertising material is placed and the principles of international law regarding the content of the submitted data. The Contractor is not responsible for the obligations of the Customer that have arisen in connection with such violations.
4.3.6. Not to take actions aimed at disrupting the correct operation of the Contractor's software and computer software and undermining network security;
4.3.7. Daily check correspondence received using the approved communication method specified at the conclusion of the Contract (e-mail address, contact messenger (Skype, Viber, Telegram), mobile phone number, etc.).
4.3.8.Check the quality of Services/works provided within 3 (three) business days.
4.3.9.Ensure the safety and non-disclosure of official information received from the Contractor (passwords, codes, web page addresses, Website addresses related to its private part, etc.).
4.3.10.Do not enter into any contractual or other relationship directly with the Contractor's employees for the purpose of providing the Customer's Services/Works directly, bypassing the Contractor, during the entire period of rendering Services/Works, as well as for 1 (one) year after the expiration of this Agreement. In case of detection of this fact, the Customer pays a fine to the Contractor in the amount of 1,000 (one thousand) basic units established in the Republic of Belarus.
4.4. The Customer has the right to:
4.4.1. To check the progress and quality of the provision of Services/ works by the Contractor, without interfering with the Contractor's activities.
4.4.2. During the execution of the Contract, give instructions on making changes to the preliminary or final result of Services/works. Changes include corrections, clarifications, adjustments, and additions.
The Contractor accepts the Customer's instructions to make changes without additional payment, subject to the following conditions::
-the Customer's instructions do not contradict the instructions previously received from him;
-the instructions do not entail an increase in the volume of Services/works previously agreed upon by the Parties.
-the total number of changes made does not exceed the number specified in the Invoice.
The Contractor accepts the Customer's corrections for revision if the Customer has sent information about the necessary corrections no later than 3 (three) business days after the Contractor transmits the preliminary result of Services/works to the Customer. If the Customer's notification of the need for corrections is not received within the specified period, the result of the Services/works is considered approved by the Customer and accepted without comment.
4.4.3. Upon receiving instructions from the Customer on making changes to an already approved result, or if the Customer's instructions do not comply with the terms of clause 4.4.2. of this Agreement, the changes will be carried out on the basis of and after drawing up an appropriate Invoice Protocol to the Agreement, which describes in detail the nature and content of the changes, determines the cost of additional Services /the work caused by the changes, as well as the deadlines for the delivery of Services / works by the Contractor.
4.4.3. If there are discrepancies in the agreed/approved results, the results with a later approval/approval date will be considered appropriate.
5.CONTRACT PRICE AND SETTLEMENT PROCEDURE
5.1. The cost of Services/works provided under this Agreement and the settlement procedure are determined based on the volume, nature and duration of Services/ Works and are reflected in the Invoices, which are an integral part of the Agreement.
5.2. The Customer pays for the ordered Services/works by wire transfer to the Contractor's current account in accordance with the data and details specified in the Invoice Protocol.
5.3. The Customer undertakes to make a 100% prepayment of the cost of Services/ works no later than 5 (Five) banking days from the date the Contractor sends the Invoice to the Customer. If the Contractor has stipulated other terms and conditions in the Invoice Protocol regarding the terms and stages of payment that differ from the terms specified in this agreement, the terms and conditions in the Invoice Protocol shall take precedence over the corresponding terms and conditions of this Agreement.
5.4. If the prepayment is not made by the Customer, the Contractor does not begin to provide Services/ work, and if the prepayment is overdue, the deadline for the start of the provision of Services / work is postponed for the period of late payment without additional agreement between the Parties.
5.5. If, in the course of performing Services/Works, the Customer proposes to increase the volume or list of Services/Works, or the method of their performance, the Contractor has the right, at its discretion, to refuse to provide additional Services/ works or to increase the cost and timing of Services / works, taking into account the additionally ordered Services /works. In this case, additional Services /works that were not initially agreed upon by the parties upon acceptance of this Agreement may be performed by the Contractor within the framework of a separate Invoice Protocol, additionally issued by the Contractor for payment to the Customer. If the Customer does not pay the additional Invoice, the agreement of the parties on making changes to the list of Services / works is considered to be incomplete, and the Contractor continues to perform Services / works in accordance with the initially agreed list of Services / works.
5.6. If, during the performance of Services/Works, the Customer provides the Contractor with information and materials in a condition that is not fully suitable for appropriate use (for example, if the information/ materials require preliminary preparation or processing), the Contractor has the right to issue an additional Invoice to the Customer, a protocol specifying the amount of the additional payment. and a new deadline for the provision of Services/works is being agreed upon. If the Customer does not pay the additional Invoice, the information and materials provided by the Customer will be used by the Contractor in the form in which they were received from the Customer.
5.7. If it is necessary to acquire rights (usually non-exclusive) from third parties for the use of paid licensed content (templates, audio, video, photographs, fonts, stock graphics, clipart, illustrations, text, etc.) in the interests of the Customer, the Customer undertakes to reimburse the Contractor for the costs of acquiring rights to use the content on condition of 100% of the prepayment based on the Contractor's additional Invoice protocol. If the Customer does not pay for the additional Invoice, the Contractor has the right to use the content necessary for the performance of Services / works from open free sources. At the same time, the Customer is solely responsible to third parties-copyright holders for using the materials without their consent.
5.8. The cost of Services / works under this Agreement is indicated in the Invoices without VAT in accordance with art. 326 of the Tax Code of the Republic of Belarus.
6. THE ORDER OF DELIVERY AND ACCEPTANCE OF SERVICES /WORKS
6.1. Upon completion of the Services/works, the Contractor transmits to the Customer the result of the Services / Works in electronic form.
6.2. Upon completion of the complex of Services / works or individual stages of the provision of Services / works, the Contractor alone draws up an Act of Services / works rendered in electronic form with an extension.PDF (Resolution of the Ministry of Finance of the Republic of Belarus No. 13 dated 12.02.2018 "On the sole preparation of primary accounting documents and invalidation of Resolution of the Ministry of Finance of the Republic of Belarus No. 58 dated 21.12.2015"), which is sent to the Customer within 5 (five) calendar days from the date of provision of Services/works by e-mail or to the messenger contact number (Skype, Viber, Telegram). The Customer draws up and signs an Act of rendered Services / works individually (without the participation of another party) in a form approved in accordance with its accounting policy.
6.3. If necessary, the Contractor, at its own discretion or by agreement of the Parties, draws up a bilateral act of Services / works rendered for signing by both parties. If the parties have agreed to draw up an Act of Performed Services/Works bilaterally, and the Customer unreasonably refuses to sign it or does not hand over the signed copy to the Contractor within 5 (five) calendar days from the date of its receipt, the Act of Services/Works Rendered is considered unconditionally accepted by the Customer in accordance with clause 6.2. The agreement.
6.4.The Services/Works are considered to have been provided properly and in full if, within 5 (five) business days from the date the Contractor sent the Act of Services/Works rendered to the Customer by e-mail or to the messenger contact number (Skype, Viber, Telegram), the Contractor has not received any motivated claims from the Customer regarding quality and the volume of Services/works rendered.
7. LIABILITY OF THE PARTIES
7.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the current legislation of the Republic of Belarus.
7.2. The Contractor is not responsible under the Agreement.:
- for any indirect/indirect losses and/or lost profits of the Customer and/or third parties, regardless of whether the Contractor could have foreseen the possibility of causing such losses in a particular situation or not;
- for the content of the content, materials, and advertising information provided by the Customer for posting on the Internet, as well as for the content of information posted on the Customer's information resources;
-according to the Customer's claims to the quality of the Internet connection related to the quality of the functioning of Internet service provider networks, the functioning of the Customer's equipment and software, and other circumstances beyond the Contractor's competence;
-for changing the current legislation of the Republic of Belarus or other countries.
7.3. The Contractor shall not be liable for non-performance, late performance, or inability to perform its duties due to the fault of the Customer (failure by the Customer to provide the Contractor with the required information, violation by the Customer of the terms of this Agreement, etc.). In this case, the Contractor has the right to suspend execution until the Customer eliminates the specified circumstances. In this case, the Contractor is not considered to have violated the deadline for fulfilling its obligations.
7.4. The total liability of the Contractor under the Agreement is limited to compensation to the Customer for direct proven damage in the amount not exceeding the amount actually paid by the Customer for the provision of Services/ works at the time of the damage.
7.5. In case of claims against the Contractor by government agencies or third parties, the Customer is obliged to immediately provide documents, as well as other evidence confirming the copyright and / or property rights of the Customer to the Materials, as well as other documents confirming compliance with the law and the rights of third parties.
7.6.The Customer shall reimburse the Contractor for any losses incurred by the Contractor in connection with the placement of the Customer's Materials, the content of which contradicts the legislation of the Republic of Belarus or other countries and respect for the rights of third parties, materials containing malicious software, as well as any other spyware or malicious codes, within 15 (fifteen) banking days from the date of making a corresponding claim.
7.7.The Contractor is not responsible for any deficiencies as a result of the Services / works provided to the Customer caused by reasons beyond its control:
-improper operation of the Website by the Customer's employees or unauthorized persons;
-self-modification of the program code by the Customer or by unauthorized persons;
-shutdowns of the website for non-payment of hosting or domain name delegation services by the Customer;
-force majeure circumstances in the work of the Website hosting service provider;
-force majeure circumstances in the work of the Customer's Internet service provider;
-the quality of Internet access channels;
-the customer's use of third-party CMS system templates and plug-ins that are not agreed upon or used by the contractor at the time of termination of Services/work under the contract.
-energy supply, etc.
If the Customer identifies deficiencies in the results of the Services / works provided due to the above circumstances, their correction is carried out by the Contractor for an additional fee and within a time period separately agreed with the Customer.
7.8. If the Customer has identified deficiencies in the results of the Services / works provided due to the fault of the Contractor, their correction shall be carried out by the Contractor at his own expense.
7.9. If the Customer has any comments on the Services / works, the Contractor shall eliminate these comments upon a written request from the Customer sent by e-mail, which describes the nature of the comments. The deadline for eliminating comments is set by the Parties in electronic correspondence.
If the Parties fail to reach an agreement on setting a deadline for the elimination of comments, this period is considered to be 21 (twenty-one) business days and begins to take effect from the moment the Contractor receives the relevant notification.
7.10.The Parties undertake to inform in electronic form about all changes in the name, organizational and legal form, location address, actual location address, electronic and postal address, UNP, bank and other details, as well as about the process of liquidation, termination of activities as a result of reorganization, bankruptcy procedure, liquidation and other similar cases, within 3 days. (three) calendar days from the date of the change of the specified data.
7.11. For violation of the deadlines for fulfilling obligations, the guilty Party pays the other Party (upon request) a penalty in the amount of 0.1 (zero whole and one tenth) % of the value of unfulfilled obligations for each day of delay, but not more than the contractual cost of Services / works.
8. DISPUTE RESOLUTION
8.1. Disputes under this Agreement that are not settled through negotiations are resolved by the Parties by submitting a claim (a written proposal for a voluntary settlement of the dispute), and in case of failure to reach an agreement between the Parties after the claim is filed, in court at the Contractor's location. The recipient of the claim shall notify the claimant in writing of the results of its consideration within 7 (seven) business days from the date of its receipt. Failure to receive a response to the claim within the time period established by this paragraph does not prevent the applicant of the claim from applying to the court in accordance with the procedure established by applicable law. Copies of documents substantiating and confirming the claims are not required to be attached to the claim; these documents are submitted at the request of the other party. The claimant submits the claim by e-mail or fax, specified in the details of the party, followed by the mandatory sending of the original document by mail or by express within a period not exceeding 2 (two) calendar days. The correspondence is considered accepted from the moment of delivery to the Party; or if the addressee refused to receive the correspondence and such refusal is documented; or the addressee did not appear to receive the correspondence, as indicated by the communication authority; or the correspondence has not been delivered due to the absence of the addressee at the address specified in this Agreement, as indicated by the communication authority.
8.2.Evidence in court can be a Fax copy and printing e-mails, if the correspondence was carried out with e-mail addresses, contact phone numbers, instant messengers (Skype, Viber, Telegram), as well as the statistics reflected in the advertising accounts in the accounts Analytics systems like Google Analytics and Yandex Metrics, which have a clear relationship to the Customer and to fulfill the terms of this Agreement.
8.3. Both parties are released from liability for partial or complete non-fulfillment of their obligations under this agreement if they prove that this happened as a result of force majeure (natural disasters or other circumstances that cannot be foreseen or prevented), or legal force majeure (decisions of government agencies, strikes, military actions, temporary suspension of actions of state bodies, institutions, and officials), which arose after the conclusion of this agreement and which both parties could not have foreseen or prevented at the time of the conclusion of this agreement.
8.4. In case of force majeure circumstances, the deadline for fulfilling obligations under this Agreement is postponed in proportion to the time during which such circumstances and their consequences apply.
9.TERM OF THE CONTRACT AND PROVISION OF SERVICES/WORKS
9.1. The Agreement between the parties comes into force from the moment the Customer accepts the Contractor's offer and is valid until the parties fully fulfill all their obligations.
9.2. This Agreement may be terminated at any time by written agreement of the Parties, or unilaterally upon a written request from one of the Parties sent by registered mail to the other party, no later than 15 (fifteen) calendar days prior to the termination date.
9.3. The Customer unconditionally agrees that in case of termination of this Agreement in accordance with clause 9.2. of this Agreement, he loses the right to demand from the Contractor a refund of the amounts paid for Services/works.
9.4. If more than 30 (thirty) calendar days have passed since the conclusion of this Agreement and the Customer has not provided all necessary materials for the provision of Services / works, the Contractor has the right to terminate the Contract unilaterally. In this case, the prepayment will not be refunded to the Customer.
9.5. This Agreement may be terminated prematurely at the initiative of the Customer, and the Parties shall be mutually compensated for the Services/works actually performed provided for in this Agreement.
9.6. The obligations of the Parties under the Agreement regarding confidentiality remain in force after the expiration and termination of the Agreement.
9.7. The Contractor has the right to unilaterally change the terms of the agreement by changing and/or supplementing the text of this offer, which shall enter into force no earlier than 10 (ten) calendar days after publication. The Customer tracks all changes to the terms of this agreement independently at the following Internet address: https://ozta.com/offer_agreement /.
9.8.Amendments and/or additions made by the Contractor to this Agreement in connection with changes in the legislation of the Republic of Belarus shall enter into force simultaneously with the entry into force of changes in these legislative acts.
9.9.The Parties agree that all amendments and additions to this agreement are accepted by the Customer automatically and are not subject to additional agreement. At the same time, the cost of Services/works paid by the Customer on time and in full cannot be changed unilaterally by the Contractor.
10.PRIVACY
10.1.The Parties undertake, without mutual agreement of the parties, not to transfer to third parties or use in any other way not provided for by the terms of this agreement, technological, commercial, organizational, financial and other information constituting a trade secret of either party, provided that:
-the above information has commercial value (actual or potential) because it is unknown to third parties;
-third parties do not have free access to such information;
-the party in possession of such information shall take appropriate measures to ensure its confidentiality.
10.2. The term of protection of confidential information is established by the parties in 3 (three) years from the date of expiration of the contract.
10.3. Confidential Information always remains the property of the transmitting Party and should not be copied or otherwise reproduced without the prior written consent of the transmitting Party.
10.4 A Party that has detected signs of unauthorized access by third parties to confidential information is obliged to notify the other Party within one day from the moment of detection of these signs and take measures to reduce the consequences of unauthorized access.
10.5. The Customer is assigned the entire range of exclusive property rights to the result of the Services/works rendered by the Contractor within the framework of the Customer's assignment (hereinafter referred to as "copyright objects"), including:
- the right to use the copyright objects specified in this agreement on the territory of the whole world at its discretion in any form and in any way, including in business activities, without the consent of the Contractor and without paying him additional remuneration in excess of that provided for in this agreement.;
- the right to transfer these rights to another person in whole or in part, the right to allow another person to use copyright objects, or the right to dispose of them in another way;
- the right to prohibit other persons from using copyright objects;
-all other exclusive rights to the above-mentioned copyright objects.
10.6. The use of copyright objects is recognized as:
-reproduction of copyright objects (replication, duplication, copying) — without circulation restrictions;
-distribution of the original or copies of copyright objects through sale or other transfer of ownership;
-rental of the original or copies of copyright objects;
-export and import of copyright objects and their copies;
-public display of the original or copies of copyright objects;
-communication of copyright objects to the public;
-editing and other processing of copyright objects;
-processing of copyright objects to create a derivative work;
-all other possible ways of using copyright objects.
10.7. The exclusive property rights to the copyright objects are transferred from the Contractor to the Customer after the completion of the Services / works under the Contract.
10.8.The Customer agrees to the terms of the Privacy Policy posted on the Internet: https://ozta.com/privacy_policy / and grants the Contractor the right to receive, store, use, process and disclose the Customer's personal data on the terms reflected in the Privacy Policy.
11.OTHER CONDITIONS
11.1. Correspondence by e-mail, fax, contact messengers and other means of communication with the responsible persons of the Parties have the force of written documents at all stages of the provision of Services / works. The Parties acknowledge that the fact of sending messages from the e-mail addresses and/or other means of communication specified at the conclusion of this agreement allows us to reliably establish that the messages originate from the relevant party. The Parties recognize the validity of any messages transmitted by e-mail and/or other means of communication that do not require any additional confirmation. The Parties undertake to provide access to these e-mail addresses and/or other means of communication only to authorized persons.
11.2.The Parties have agreed that all correspondence, documentation, notices and notifications received to the e-mail address, the contact number of the messenger (Skype, Viber, Telegram) specified by the Customer are considered to have been delivered to the addressee in a timely manner (clause 4.3.2 of the Agreement) and in proper form. At the same time, if the Contractor sends information (documentation) to the Customer via e-mail, contact numbers of messengers (Skype, Viber, Telegram), the information (documents) are considered received by the Customer on the day of sending the e-mail to the Customer, which is confirmed by a copy of the Internet page (screenshot) with the information (document) being sent.
11.3.The transfer (reception) of documents on paper is carried out at the Contractor's address, or through postal services. The interaction of the responsible persons of the Contractor and the Customer is carried out through e-mail, shared chats in the contact numbers of messengers (Skype, Viber, Telegram). Telephone conversations are recorded to resolve disputes and prevent conflict situations.
11.4. The Parties agree that the use by authorized persons of the Contractor or the Customer of facsimile reproduction of their signature by means of mechanical or other copying, electronic digital signature or other analog of a handwritten signature on documents related to this agreement has the same legal force as the original signature of the relevant authorized person.
11.5.The Parties agreed that during the term of the Contract and after its termination, the Contractor has the right, without additional agreement with the Customer, to use the results of the Services/works provided to the Customer for advertising and other purposes (in presentations, training events, etc.), to use the Customer's logo, brand name, and reviews provided by the Customer to the Contractor for placement in the Contractor's portfolio., including on the Contractor's website on the Internet.
11.6. The Contractor reserves the right, in the course of its activities, to refer to the result of the Services /works provided, as the author of the project.
11.7. If any of the terms of this Agreement loses its legal force, is declared illegal, or is excluded from this Agreement, this does not invalidate the remaining terms of this Agreement.
11.8. In everything else that is not provided for in this Agreement, the Parties are guided by the current legislation of the Republic of Belarus.
12.DETAILS OF THE PARTIES
12.1. The Parties unconditionally agree with the details of the Customer specified in the Invoice Protocol of the price agreement.
12.2.Details of the Contractor:
OOO "Great Stone" TIN: 01109202410482
720031, Kyrgyz Republic, Bishkek, Oktyabrsky district, Kulatov str. 7a
c/s 30101810400000000225 in RUB in Sberbank PJSC, BIC 044525225
for the provision of paid Services (performance of work)
This agreement (hereinafter referred to as the Agreement) is a public agreement of affiliation, defines the procedure for the provision of Services (performance of work), as well as the relationship, mutual rights and obligations between OOO Velikiy Kamen, hereinafter referred to as the "Contractor", represented by Director Alexander Nikolaevich Vaskevich, acting on the basis of the Charter, and the consumer of Services, who accepted (accepted) the public offer (offer) for the conclusion of this Agreement, hereinafter referred to as the "Customer", and together referred to as the "Parties".
1.TERMS AND DEFINITIONS
An offer is a real document (contract) published by the Contractor on the Internet.;
Acceptance of the offer is the full and unconditional acceptance of the offer by way of prepayment of the ordered Services. Acceptance of this offer by the Customer means the conclusion of a contract between the parties on the terms stipulated in the offer.;
The Internet is a worldwide global computer network with shared access.
A website (website) is a computer program and database that is an automated reference system based on web technologies or with their involvement, consisting of web pages intended for use on the Internet. Access to the site is possible if the user has publicly available browser programs and Internet access on on the server side — the corresponding hardware and software.
Advertising materials — any text, graphic, audio, video and/or mixed advertising materials (banners, hyperlinks, press releases, articles, etc.) provided by the Customer for the purpose of their placement on the Internet.
Advertising platforms are a resource where advertising materials are placed. Trade secret — technological, commercial, organizational, financial and other information of any of the Parties.
Content is any information that can be created and distributed in a digital format.: text, images, video, audio, and multimedia.
Technological information is information about the plan, the process, and the specifics of performing Services by the Contractor.
Commercial information is information about the cost of Services (works) and the current market situation for various goods and services.
Organizational information is information about the structure, composition, and hierarchy of an enterprise and its divisions.
Financial information is information about the company's production, personnel, sales, credit, tax, and other processes.
Copyright is a set of property and personal non—property rights over an object of copyright.
Copyright objects are advertising materials (text, images, videos) created as part of the performance of Services (works) The performer.
The author of the project is the creator of copyright objects.
2.SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes obligations to provide one or more Services and perform work for the Customer.:
2.1.1.Website development.
2.1.2.Contextual advertising (Google, Yandex).
2.1.3.Targeted advertising (Facebook, Instagram, VK).
2.1.4.SMM promotion (Facebook, Instagram, VK, Telegram).
2.1.5.SEO
(hereinafter referred to as Services/Works), for which an agreement has been reached between the Contractor and the Customer, and the Customer undertakes to accept and pay for the Services/Works in accordance with the terms of this Agreement.
2.2.The list of Services/works to be provided under the Contract, the period of their provision, other conditions defining the procedure for the provision of Services / works, as well as other information essential for the provision of Services / works is posted on the Contractor's website on the Internet. https://ozta.com /, and are also indicated in the Invoice for payment, issued by the Contractor and accepted by the Requester. Acceptance of the Invoice Protocol, including confirmation of the fact of payment on it.
2.3. The Contractor, when providing part of the Services / works, is an advertising distributor and is included in the state information resource "Register of Advertising Distributors" for No. 7121.
3. THE PROCEDURE FOR CONCLUDING THE CONTRACT
3.1. This Agreement is a public affiliation agreement (Articles 396, 398 of the Civil Code of the Republic of Belarus), under which the Contractor assumes responsibilities for the provision of Services / works and performs them in relation to each business entity. The terms of the Contract are set to be the same for all Customers.
3.2.Posting the text of this Agreement on the Contractor's website on the Internet at: https://ozta.com/offer_agreement / is a public offer (offer) of the Contractor to conclude this Agreement, addressed to an indefinite circle of persons (Clause 2, Article 407 of the Civil Code of the Republic of Belarus).
3.3.The conclusion of the Agreement takes place through the Client's joining the proposed agreement as a whole without any restrictions.or conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).
3.4. The fact of acceptance by the Customer of the terms of the Agreement is the payment by the Customer for the Services / works ordered by him in the manner and on the terms defined by this Agreement (Clause 3, Article 408 of the Civil Code of the Republic of Belarus).
3.5. The Agreement is recognized as concluded at the time of receipt by the Contractor who sent the offer, its acceptance (clause 1, Article 403 of the Civil Code of the Republic of Belarus). the Code of the Republic of Belarus). The date of acceptance under this Agreement is the date when the Customer's funds are credited to the Contractor's current account to pay for the ordered Services/works.
3.6. The written form of the Agreement is considered to be complied with, provided that the acceptance procedure is followed in accordance with clause 3.4 of the Agreement (Clause 3 of Article 404, Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).
3.7. After reviewing the terms of the public offer, the Customer sends a request for Services/works to the Contractor in any form by phone call or e-mail.
3.8. After receiving a request from the Customer for the provision of Services/works, the Contractor sends to the Customer in electronic form a Protocol Invoice, which contains information about the Contractor and the Customer, the Contractor's bank details, the list and volume of Services/ works ordered, the cost of Services/ works and the currency of payment, as well as the period of Services / works, which is calculated from the date of receipt, agreed in the Invoice Protocol, of the prepayment amount in full and receipt by the Contractor from the Customer of all necessary information and materials for the provision of Services / works. By agreement of the parties, the Protocol Invoice may be signed by the parties in writing.
3.9. The Parties recognize the Contractor's location as the place of conclusion of the Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor is obliged to:
4.1.1. To provide the Customer with Services/works in the amount, on time and during the period specified in the Invoice issued by the Contractor and accepted by the Customer, subject to their full payment and subject to the Customer's compliance with all the requirements of this Agreement;
4.1.2. To start rendering Services/works within 3 (three) business days after the total fulfillment by the Customer of the obligations stipulated in clauses 4.3.1- 4.3.3 Agreements
4.1.3. Appoint a responsible employee to interact with the Customer's employee, provide his contact details to the Customer no later than 1 (one) business day from the date of payment of the Contract and, in case of replacement of the responsible person, notify the Customer of such replacement within 1 (one) business day from the date of replacement.
4.1.4. Inform the Customer about the acceptance or non-acceptance of the application / materials for placement from the Customer within 1 (one) business day from the moment the Customer submits the application / materials.
4.1.5. Grant the Customer the right to review the progress of the provision of Services/works under this Agreement, subject to prior agreement with the Contractor. Information and consulting support of the Customer (responses to emails, by phone, personal meetings, etc.) is provided on working days from 9.00 to 13.00 and from 14.00 to 18.00.
4.2.The Contractor has the right:
4.2.1. Independently determine the ways of rendering Services / works under the Contract.
4.2.2. Not to start or suspend the provision of Services/ Works, as well as to cancel the Contract and demand compensation for costs and losses in cases where the Customer's violation of its obligations under this Agreement prevents the Contractor from fulfilling it, including in case of late payment by the Customer for Services/ works under this Agreement.
4.2.3. In the event of a delay in the provision of materials and information by the Customer, coordination of the stages of Services /works, payment for additional Services / works, or other non-fulfillment by the Customer of its obligations stipulated in the contract and its appendices, the deadlines for the Contractor's performance of Services / works are automatically extended (without notifying the Customer) for the period of delay in the fulfillment by the Customer of his obligations, with the addition to this period of 10 (ten) business days necessary for the Contractor to resume Services / work on the order.
4.2.4.If the Customer delays the provision of content necessary for the performance of Services/Works, the Contractor has the right to use arbitrary content.
4.2.5. If it is impossible for the Customer to provide the necessary materials, the Contractor may use images from photo stocks within the framework of the agreement. The individual creation of content for the Customer's project is determined and agreed upon by the parties in a separate Invoice Protocol to this Agreement.
4.2.6. Refuse to post the Customer's materials containing information or a link to information that contradicts the legislation of the state (country) where the advertising material is placed, the rules of advertising platforms and/or violates the rights of third parties. At the same time, the Contractor is not obliged to check the Customer's Materials for compliance with the current legislation of the state (country) where the advertising material is placed.
4.2.7. To involve third parties for the provision of Services/works under this Agreement, while remaining responsible to the Customer for their actions and the result of the relevant Services/works.
4.3.The Customer is obliged to:
4.3.1.Pay for the Contractor's Services/ works in the manner, on time and in the amount established by this Agreement, the Invoice Protocols and acts of Services / works rendered to it.
4.3.2. Identify the employee or group of employees of the Customer responsible for the implementation of relations with the Contractor within 1 (one) business day. The instructions given by the Customer's representatives, the provision of information and other actions are actions agreed with the Customer. The Customer undertakes to provide information about the contact persons and methods of communication with these persons (e-mail address, contact messenger (Skype, Viber, Telegram), mobile phone number, etc.) to the Contractor by e-mail.
4.3.3. Provide, within 7 (seven) business days prior to the start date of the provision of Services/works, the materials (content) necessary for the provision of Services/Works, exclusively in digital formats MS Word, MS EXCEL, PSD, JPG (to be agreed individually) to the Contractor's e-mail. Materials (photos, texts, tables) must be signed and sorted into folders. Photographic materials must be provided in formats (GIF, SVG, JPG, PSD, CDR, PNG, BMP), small images are allowed to be at least (400×300 px), large ones — at least (800×600 px).
4.3.4. The Customer is solely responsible for the content of the information provided to the Contractor for use in promotional materials.
4.3.5. Do not violate the legislation of the state (country) where the advertising material is placed and the principles of international law regarding the content of the submitted data. The Contractor is not responsible for the obligations of the Customer that have arisen in connection with such violations.
4.3.6. Not to take actions aimed at disrupting the correct operation of the Contractor's software and computer software and undermining network security;
4.3.7. Daily check correspondence received using the approved communication method specified at the conclusion of the Contract (e-mail address, contact messenger (Skype, Viber, Telegram), mobile phone number, etc.).
4.3.8.Check the quality of Services/works provided within 3 (three) business days.
4.3.9.Ensure the safety and non-disclosure of official information received from the Contractor (passwords, codes, web page addresses, Website addresses related to its private part, etc.).
4.3.10.Do not enter into any contractual or other relationship directly with the Contractor's employees for the purpose of providing the Customer's Services/Works directly, bypassing the Contractor, during the entire period of rendering Services/Works, as well as for 1 (one) year after the expiration of this Agreement. In case of detection of this fact, the Customer pays a fine to the Contractor in the amount of 1,000 (one thousand) basic units established in the Republic of Belarus.
4.4. The Customer has the right to:
4.4.1. To check the progress and quality of the provision of Services/ works by the Contractor, without interfering with the Contractor's activities.
4.4.2. During the execution of the Contract, give instructions on making changes to the preliminary or final result of Services/works. Changes include corrections, clarifications, adjustments, and additions.
The Contractor accepts the Customer's instructions to make changes without additional payment, subject to the following conditions::
-the Customer's instructions do not contradict the instructions previously received from him;
-the instructions do not entail an increase in the volume of Services/works previously agreed upon by the Parties.
-the total number of changes made does not exceed the number specified in the Invoice.
The Contractor accepts the Customer's corrections for revision if the Customer has sent information about the necessary corrections no later than 3 (three) business days after the Contractor transmits the preliminary result of Services/works to the Customer. If the Customer's notification of the need for corrections is not received within the specified period, the result of the Services/works is considered approved by the Customer and accepted without comment.
4.4.3. Upon receiving instructions from the Customer on making changes to an already approved result, or if the Customer's instructions do not comply with the terms of clause 4.4.2. of this Agreement, the changes will be carried out on the basis of and after drawing up an appropriate Invoice Protocol to the Agreement, which describes in detail the nature and content of the changes, determines the cost of additional Services /the work caused by the changes, as well as the deadlines for the delivery of Services / works by the Contractor.
4.4.3. If there are discrepancies in the agreed/approved results, the results with a later approval/approval date will be considered appropriate.
5.CONTRACT PRICE AND SETTLEMENT PROCEDURE
5.1. The cost of Services/works provided under this Agreement and the settlement procedure are determined based on the volume, nature and duration of Services/ Works and are reflected in the Invoices, which are an integral part of the Agreement.
5.2. The Customer pays for the ordered Services/works by wire transfer to the Contractor's current account in accordance with the data and details specified in the Invoice Protocol.
5.3. The Customer undertakes to make a 100% prepayment of the cost of Services/ works no later than 5 (Five) banking days from the date the Contractor sends the Invoice to the Customer. If the Contractor has stipulated other terms and conditions in the Invoice Protocol regarding the terms and stages of payment that differ from the terms specified in this agreement, the terms and conditions in the Invoice Protocol shall take precedence over the corresponding terms and conditions of this Agreement.
5.4. If the prepayment is not made by the Customer, the Contractor does not begin to provide Services/ work, and if the prepayment is overdue, the deadline for the start of the provision of Services / work is postponed for the period of late payment without additional agreement between the Parties.
5.5. If, in the course of performing Services/Works, the Customer proposes to increase the volume or list of Services/Works, or the method of their performance, the Contractor has the right, at its discretion, to refuse to provide additional Services/ works or to increase the cost and timing of Services / works, taking into account the additionally ordered Services /works. In this case, additional Services /works that were not initially agreed upon by the parties upon acceptance of this Agreement may be performed by the Contractor within the framework of a separate Invoice Protocol, additionally issued by the Contractor for payment to the Customer. If the Customer does not pay the additional Invoice, the agreement of the parties on making changes to the list of Services / works is considered to be incomplete, and the Contractor continues to perform Services / works in accordance with the initially agreed list of Services / works.
5.6. If, during the performance of Services/Works, the Customer provides the Contractor with information and materials in a condition that is not fully suitable for appropriate use (for example, if the information/ materials require preliminary preparation or processing), the Contractor has the right to issue an additional Invoice to the Customer, a protocol specifying the amount of the additional payment. and a new deadline for the provision of Services/works is being agreed upon. If the Customer does not pay the additional Invoice, the information and materials provided by the Customer will be used by the Contractor in the form in which they were received from the Customer.
5.7. If it is necessary to acquire rights (usually non-exclusive) from third parties for the use of paid licensed content (templates, audio, video, photographs, fonts, stock graphics, clipart, illustrations, text, etc.) in the interests of the Customer, the Customer undertakes to reimburse the Contractor for the costs of acquiring rights to use the content on condition of 100% of the prepayment based on the Contractor's additional Invoice protocol. If the Customer does not pay for the additional Invoice, the Contractor has the right to use the content necessary for the performance of Services / works from open free sources. At the same time, the Customer is solely responsible to third parties-copyright holders for using the materials without their consent.
5.8. The cost of Services / works under this Agreement is indicated in the Invoices without VAT in accordance with art. 326 of the Tax Code of the Republic of Belarus.
6. THE ORDER OF DELIVERY AND ACCEPTANCE OF SERVICES /WORKS
6.1. Upon completion of the Services/works, the Contractor transmits to the Customer the result of the Services / Works in electronic form.
6.2. Upon completion of the complex of Services / works or individual stages of the provision of Services / works, the Contractor alone draws up an Act of Services / works rendered in electronic form with an extension.PDF (Resolution of the Ministry of Finance of the Republic of Belarus No. 13 dated 12.02.2018 "On the sole preparation of primary accounting documents and invalidation of Resolution of the Ministry of Finance of the Republic of Belarus No. 58 dated 21.12.2015"), which is sent to the Customer within 5 (five) calendar days from the date of provision of Services/works by e-mail or to the messenger contact number (Skype, Viber, Telegram). The Customer draws up and signs an Act of rendered Services / works individually (without the participation of another party) in a form approved in accordance with its accounting policy.
6.3. If necessary, the Contractor, at its own discretion or by agreement of the Parties, draws up a bilateral act of Services / works rendered for signing by both parties. If the parties have agreed to draw up an Act of Performed Services/Works bilaterally, and the Customer unreasonably refuses to sign it or does not hand over the signed copy to the Contractor within 5 (five) calendar days from the date of its receipt, the Act of Services/Works Rendered is considered unconditionally accepted by the Customer in accordance with clause 6.2. The agreement.
6.4.The Services/Works are considered to have been provided properly and in full if, within 5 (five) business days from the date the Contractor sent the Act of Services/Works rendered to the Customer by e-mail or to the messenger contact number (Skype, Viber, Telegram), the Contractor has not received any motivated claims from the Customer regarding quality and the volume of Services/works rendered.
7. LIABILITY OF THE PARTIES
7.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the current legislation of the Republic of Belarus.
7.2. The Contractor is not responsible under the Agreement.:
- for any indirect/indirect losses and/or lost profits of the Customer and/or third parties, regardless of whether the Contractor could have foreseen the possibility of causing such losses in a particular situation or not;
- for the content of the content, materials, and advertising information provided by the Customer for posting on the Internet, as well as for the content of information posted on the Customer's information resources;
-according to the Customer's claims to the quality of the Internet connection related to the quality of the functioning of Internet service provider networks, the functioning of the Customer's equipment and software, and other circumstances beyond the Contractor's competence;
-for changing the current legislation of the Republic of Belarus or other countries.
7.3. The Contractor shall not be liable for non-performance, late performance, or inability to perform its duties due to the fault of the Customer (failure by the Customer to provide the Contractor with the required information, violation by the Customer of the terms of this Agreement, etc.). In this case, the Contractor has the right to suspend execution until the Customer eliminates the specified circumstances. In this case, the Contractor is not considered to have violated the deadline for fulfilling its obligations.
7.4. The total liability of the Contractor under the Agreement is limited to compensation to the Customer for direct proven damage in the amount not exceeding the amount actually paid by the Customer for the provision of Services/ works at the time of the damage.
7.5. In case of claims against the Contractor by government agencies or third parties, the Customer is obliged to immediately provide documents, as well as other evidence confirming the copyright and / or property rights of the Customer to the Materials, as well as other documents confirming compliance with the law and the rights of third parties.
7.6.The Customer shall reimburse the Contractor for any losses incurred by the Contractor in connection with the placement of the Customer's Materials, the content of which contradicts the legislation of the Republic of Belarus or other countries and respect for the rights of third parties, materials containing malicious software, as well as any other spyware or malicious codes, within 15 (fifteen) banking days from the date of making a corresponding claim.
7.7.The Contractor is not responsible for any deficiencies as a result of the Services / works provided to the Customer caused by reasons beyond its control:
-improper operation of the Website by the Customer's employees or unauthorized persons;
-self-modification of the program code by the Customer or by unauthorized persons;
-shutdowns of the website for non-payment of hosting or domain name delegation services by the Customer;
-force majeure circumstances in the work of the Website hosting service provider;
-force majeure circumstances in the work of the Customer's Internet service provider;
-the quality of Internet access channels;
-the customer's use of third-party CMS system templates and plug-ins that are not agreed upon or used by the contractor at the time of termination of Services/work under the contract.
-energy supply, etc.
If the Customer identifies deficiencies in the results of the Services / works provided due to the above circumstances, their correction is carried out by the Contractor for an additional fee and within a time period separately agreed with the Customer.
7.8. If the Customer has identified deficiencies in the results of the Services / works provided due to the fault of the Contractor, their correction shall be carried out by the Contractor at his own expense.
7.9. If the Customer has any comments on the Services / works, the Contractor shall eliminate these comments upon a written request from the Customer sent by e-mail, which describes the nature of the comments. The deadline for eliminating comments is set by the Parties in electronic correspondence.
If the Parties fail to reach an agreement on setting a deadline for the elimination of comments, this period is considered to be 21 (twenty-one) business days and begins to take effect from the moment the Contractor receives the relevant notification.
7.10.The Parties undertake to inform in electronic form about all changes in the name, organizational and legal form, location address, actual location address, electronic and postal address, UNP, bank and other details, as well as about the process of liquidation, termination of activities as a result of reorganization, bankruptcy procedure, liquidation and other similar cases, within 3 days. (three) calendar days from the date of the change of the specified data.
7.11. For violation of the deadlines for fulfilling obligations, the guilty Party pays the other Party (upon request) a penalty in the amount of 0.1 (zero whole and one tenth) % of the value of unfulfilled obligations for each day of delay, but not more than the contractual cost of Services / works.
8. DISPUTE RESOLUTION
8.1. Disputes under this Agreement that are not settled through negotiations are resolved by the Parties by submitting a claim (a written proposal for a voluntary settlement of the dispute), and in case of failure to reach an agreement between the Parties after the claim is filed, in court at the Contractor's location. The recipient of the claim shall notify the claimant in writing of the results of its consideration within 7 (seven) business days from the date of its receipt. Failure to receive a response to the claim within the time period established by this paragraph does not prevent the applicant of the claim from applying to the court in accordance with the procedure established by applicable law. Copies of documents substantiating and confirming the claims are not required to be attached to the claim; these documents are submitted at the request of the other party. The claimant submits the claim by e-mail or fax, specified in the details of the party, followed by the mandatory sending of the original document by mail or by express within a period not exceeding 2 (two) calendar days. The correspondence is considered accepted from the moment of delivery to the Party; or if the addressee refused to receive the correspondence and such refusal is documented; or the addressee did not appear to receive the correspondence, as indicated by the communication authority; or the correspondence has not been delivered due to the absence of the addressee at the address specified in this Agreement, as indicated by the communication authority.
8.2.Evidence in court can be a Fax copy and printing e-mails, if the correspondence was carried out with e-mail addresses, contact phone numbers, instant messengers (Skype, Viber, Telegram), as well as the statistics reflected in the advertising accounts in the accounts Analytics systems like Google Analytics and Yandex Metrics, which have a clear relationship to the Customer and to fulfill the terms of this Agreement.
8.3. Both parties are released from liability for partial or complete non-fulfillment of their obligations under this agreement if they prove that this happened as a result of force majeure (natural disasters or other circumstances that cannot be foreseen or prevented), or legal force majeure (decisions of government agencies, strikes, military actions, temporary suspension of actions of state bodies, institutions, and officials), which arose after the conclusion of this agreement and which both parties could not have foreseen or prevented at the time of the conclusion of this agreement.
8.4. In case of force majeure circumstances, the deadline for fulfilling obligations under this Agreement is postponed in proportion to the time during which such circumstances and their consequences apply.
9.TERM OF THE CONTRACT AND PROVISION OF SERVICES/WORKS
9.1. The Agreement between the parties comes into force from the moment the Customer accepts the Contractor's offer and is valid until the parties fully fulfill all their obligations.
9.2. This Agreement may be terminated at any time by written agreement of the Parties, or unilaterally upon a written request from one of the Parties sent by registered mail to the other party, no later than 15 (fifteen) calendar days prior to the termination date.
9.3. The Customer unconditionally agrees that in case of termination of this Agreement in accordance with clause 9.2. of this Agreement, he loses the right to demand from the Contractor a refund of the amounts paid for Services/works.
9.4. If more than 30 (thirty) calendar days have passed since the conclusion of this Agreement and the Customer has not provided all necessary materials for the provision of Services / works, the Contractor has the right to terminate the Contract unilaterally. In this case, the prepayment will not be refunded to the Customer.
9.5. This Agreement may be terminated prematurely at the initiative of the Customer, and the Parties shall be mutually compensated for the Services/works actually performed provided for in this Agreement.
9.6. The obligations of the Parties under the Agreement regarding confidentiality remain in force after the expiration and termination of the Agreement.
9.7. The Contractor has the right to unilaterally change the terms of the agreement by changing and/or supplementing the text of this offer, which shall enter into force no earlier than 10 (ten) calendar days after publication. The Customer tracks all changes to the terms of this agreement independently at the following Internet address: https://ozta.com/offer_agreement /.
9.8.Amendments and/or additions made by the Contractor to this Agreement in connection with changes in the legislation of the Republic of Belarus shall enter into force simultaneously with the entry into force of changes in these legislative acts.
9.9.The Parties agree that all amendments and additions to this agreement are accepted by the Customer automatically and are not subject to additional agreement. At the same time, the cost of Services/works paid by the Customer on time and in full cannot be changed unilaterally by the Contractor.
10.PRIVACY
10.1.The Parties undertake, without mutual agreement of the parties, not to transfer to third parties or use in any other way not provided for by the terms of this agreement, technological, commercial, organizational, financial and other information constituting a trade secret of either party, provided that:
-the above information has commercial value (actual or potential) because it is unknown to third parties;
-third parties do not have free access to such information;
-the party in possession of such information shall take appropriate measures to ensure its confidentiality.
10.2. The term of protection of confidential information is established by the parties in 3 (three) years from the date of expiration of the contract.
10.3. Confidential Information always remains the property of the transmitting Party and should not be copied or otherwise reproduced without the prior written consent of the transmitting Party.
10.4 A Party that has detected signs of unauthorized access by third parties to confidential information is obliged to notify the other Party within one day from the moment of detection of these signs and take measures to reduce the consequences of unauthorized access.
10.5. The Customer is assigned the entire range of exclusive property rights to the result of the Services/works rendered by the Contractor within the framework of the Customer's assignment (hereinafter referred to as "copyright objects"), including:
- the right to use the copyright objects specified in this agreement on the territory of the whole world at its discretion in any form and in any way, including in business activities, without the consent of the Contractor and without paying him additional remuneration in excess of that provided for in this agreement.;
- the right to transfer these rights to another person in whole or in part, the right to allow another person to use copyright objects, or the right to dispose of them in another way;
- the right to prohibit other persons from using copyright objects;
-all other exclusive rights to the above-mentioned copyright objects.
10.6. The use of copyright objects is recognized as:
-reproduction of copyright objects (replication, duplication, copying) — without circulation restrictions;
-distribution of the original or copies of copyright objects through sale or other transfer of ownership;
-rental of the original or copies of copyright objects;
-export and import of copyright objects and their copies;
-public display of the original or copies of copyright objects;
-communication of copyright objects to the public;
-editing and other processing of copyright objects;
-processing of copyright objects to create a derivative work;
-all other possible ways of using copyright objects.
10.7. The exclusive property rights to the copyright objects are transferred from the Contractor to the Customer after the completion of the Services / works under the Contract.
10.8.The Customer agrees to the terms of the Privacy Policy posted on the Internet: https://ozta.com/privacy_policy / and grants the Contractor the right to receive, store, use, process and disclose the Customer's personal data on the terms reflected in the Privacy Policy.
11.OTHER CONDITIONS
11.1. Correspondence by e-mail, fax, contact messengers and other means of communication with the responsible persons of the Parties have the force of written documents at all stages of the provision of Services / works. The Parties acknowledge that the fact of sending messages from the e-mail addresses and/or other means of communication specified at the conclusion of this agreement allows us to reliably establish that the messages originate from the relevant party. The Parties recognize the validity of any messages transmitted by e-mail and/or other means of communication that do not require any additional confirmation. The Parties undertake to provide access to these e-mail addresses and/or other means of communication only to authorized persons.
11.2.The Parties have agreed that all correspondence, documentation, notices and notifications received to the e-mail address, the contact number of the messenger (Skype, Viber, Telegram) specified by the Customer are considered to have been delivered to the addressee in a timely manner (clause 4.3.2 of the Agreement) and in proper form. At the same time, if the Contractor sends information (documentation) to the Customer via e-mail, contact numbers of messengers (Skype, Viber, Telegram), the information (documents) are considered received by the Customer on the day of sending the e-mail to the Customer, which is confirmed by a copy of the Internet page (screenshot) with the information (document) being sent.
11.3.The transfer (reception) of documents on paper is carried out at the Contractor's address, or through postal services. The interaction of the responsible persons of the Contractor and the Customer is carried out through e-mail, shared chats in the contact numbers of messengers (Skype, Viber, Telegram). Telephone conversations are recorded to resolve disputes and prevent conflict situations.
11.4. The Parties agree that the use by authorized persons of the Contractor or the Customer of facsimile reproduction of their signature by means of mechanical or other copying, electronic digital signature or other analog of a handwritten signature on documents related to this agreement has the same legal force as the original signature of the relevant authorized person.
11.5.The Parties agreed that during the term of the Contract and after its termination, the Contractor has the right, without additional agreement with the Customer, to use the results of the Services/works provided to the Customer for advertising and other purposes (in presentations, training events, etc.), to use the Customer's logo, brand name, and reviews provided by the Customer to the Contractor for placement in the Contractor's portfolio., including on the Contractor's website on the Internet.
11.6. The Contractor reserves the right, in the course of its activities, to refer to the result of the Services /works provided, as the author of the project.
11.7. If any of the terms of this Agreement loses its legal force, is declared illegal, or is excluded from this Agreement, this does not invalidate the remaining terms of this Agreement.
11.8. In everything else that is not provided for in this Agreement, the Parties are guided by the current legislation of the Republic of Belarus.
12.DETAILS OF THE PARTIES
12.1. The Parties unconditionally agree with the details of the Customer specified in the Invoice Protocol of the price agreement.
12.2.Details of the Contractor:
OOO "Great Stone" TIN: 01109202410482
720031, Kyrgyz Republic, Bishkek, Oktyabrsky district, Kulatov str. 7a
c/s 30101810400000000225 in RUB in Sberbank PJSC, BIC 044525225