Public Offer Agreement
1. GENERAL PROVISIONS
1.1. This document is the official public offer of IP Bondar Dmitry Alexandrovich (hereinafter referred to as the "CONTRACTOR") and contains all the essential conditions for the provision of software development, consulting services.
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, in case of acceptance of the conditions set out below and payment for services, the legal entity or individual making the acceptance of this offer becomes the CUSTOMER (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the offer is equivalent to the conclusion of the contract on the terms set out in the offer), and the CONTRACTOR and the CUSTOMER jointly — BY THE PARTIES to the Offer agreement.
1.3. In connection with the announced, carefully read the text of this offer and if you do not agree with its terms and conditions, or with any other clause of its terms, the CONTRACTOR offers you to refuse to conclude the offer agreement and use the CONTRACTOR's services.
2. TERMS
2.1. For the purposes of this Offer, the following terms are used in the following meaning:
"Offer" — this document is a Public Offer for the provision of consulting and information services.
"Acceptance of the Offer" — full and irrevocable acceptance of the Offer by performing the actions noted in Part 4 of this Offer. The Acceptance of the Offer assumes the Contract of the Offer.
"CUSTOMER" — a person who has accepted the Offer, and thus becomes the CUSTOMER of the CONTRACTOR's Services under this contract.
"Offer Agreement" is an agreement between the CONTRACTOR and the CUSTOMER for the provision of Services, which is concluded by accepting the Offer.
"List of Services" is a set of customer service services published on the CONTRACTOR's website.
"The cost of the service" is determined individually depending on the availability (absence) of documentation necessary for the performance of work, the volume of work (number of names) and complexity of objects for analysis, urgency.
3. SUBJECT OF THE OFFER AGREEMENT
3.1. The subject of this offer is to provide the CUSTOMER with software development, consulting services, organizational support according to the information published on the CONTRACTOR's website and the individual cost of the service.
3.2. The CONTRACTOR provides consulting services through communication services with the CUSTOMER.
3.3. The Public Offer is an official document and is published on the website at: https://nova-kommo.com/
3.4. This Agreement is considered concluded from the moment of payment for the Services.
4. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE OFFER AGREEMENT
4.1. The CUSTOMER accepts the Offer by prepayment of the CONTRACTOR's Services, in respect of which the Offer Agreement is concluded, during the Acceptance Period, taking into account the terms of Section 6 of this Offer.
4.2. The Acceptance period is the time from the moment the CONTRACTOR issues an invoice for Services in accordance with the cost of the service until the CUSTOMER pays for the service using payment terminals or bank transfer to the CONTRACTOR's account or in another not prohibited way agreed with the CONTRACTOR.
5. TERMS AND PROCEDURE FOR THE PROVISION OF SERVICES
5.1. After reviewing the List of services posted on the CONTRACTOR's website, choosing the type of service, the CUSTOMER makes a request for service in electronic form on the CONTRACTOR's website.
5.2. Based on the request, the CONTRACTOR issues an invoice to the CUSTOMER for payment of one service or several services in accordance with the list of services and the cost of services.
5.3. The CUSTOMER pays for the CONTRACTOR's Services, thereby confirming acceptance of the terms of the CONTRACTOR's offer.
5.4. The CUSTOMER has the right to make payments independently, on his own initiative. An application for the provision of services can be sent to the CONTRACTOR before or after the payment.
5.5. After the payment is made by the CUSTOMER and funds are credited to the CONTRACTOR's account, the Offer Agreement comes into force.
5.6. If the type of service specified in the application does not match the amount of payment, the CONTRACTOR, if the amount is insufficient, issues an invoice to the CUSTOMER for an additional payment, or if the amount paid exceeds the cost of this service, offers the CUSTOMER an additional service.
If the payment corresponds to the selected service or after receiving an additional payment or an application for an additional service, the CONTRACTOR acts in accordance with clause 5.7 of this OFFER.
5.7. In general, the CONTRACTOR begins to fulfill its obligations under this offer within 3 days from the date of receipt of the advance payment for Services to its account.
5.8. The CONTRACTOR agrees with the CUSTOMER and assigns the terms of service provision in accordance with the current load.
5.9. If it is not possible for the CONTRACTOR to start providing services within the terms specified in clause 5.8., he notifies the CUSTOMER about it no later than 2 days from the date of receipt of the application. In this situation, the start date of the provision of services is agreed additionally.
5.10. The services are considered to have been rendered properly and in full if the CUSTOMER has not made a complaint within three days from the moment of rendering the service. In the absence of a complaint, the act of acceptance and delivery of completed works (services) is considered signed, and the services rendered properly. Upon the provision of services, the CONTRACTOR unilaterally draws up an ACT of acceptance and delivery of completed works (services).
5.11. After the provision of services under the contract, the parties have no claims against each other.
6. THE COST OF SERVICES AND THE PROCEDURE FOR SETTLEMENTS UNDER THE CONTRACT.
6.1. Payment for services provided to the CUSTOMER is made on the basis of prepayment (advance payment in the amount of 100%).
6.2. Payment is made by the CUSTOMER by transferring funds to the CONTRACTOR's settlement account on the basis of an invoice (receipt) issued by the CONTRACTOR or using other types of payments in agreement with the CONTRACTOR.
6.3. For the purposes of the Offer Agreement, payment from the CUSTOMER is accepted:
– in non-cash form from the CUSTOMER's settlement account to the CONTRACTOR's settlement account;
– through branches of Sberbank of the Russian Federation or other operating banks of Russia;
— with the help of other types of payments in agreement with the CONTRACTOR.
6.4. The CUSTOMER independently monitors the change of the CONTRACTOR's details specified in this Agreement and is responsible for the correctness of the payments made by him.
7. OBLIGATIONS AND RIGHTS OF THE CONTRACTOR.
The CONTRACTOR undertakes:
7.1. During the term of this agreement to provide the CUSTOMER with the services paid for by him.
7.2. To maintain the confidentiality of the CUSTOMER's information, except in cases provided for by the current legislation of the Russian Federation;
7.3. Provide quality services. Take timely measures to prevent and regulate violations of the quality of services provided. Promptly inform the CUSTOMER about changes in the structure of services provided under this agreement and the terms of their provision.
The CONTRACTOR has the right to:
7.4. Refuse to provide services to the CUSTOMER if the CUSTOMER violates the deadlines or does not provide the necessary documents.
7.5. Unilaterally terminate this agreement in case the CUSTOMER fails to fulfill the obligations provided for in clause 6.2. (on timely payment of services).
7.6. Provide services with the involvement of third-party specialists.
8. OBLIGATIONS AND RIGHTS OF THE CUSTOMER.
THE CUSTOMER undertakes to:
8.1. Timely, in accordance with the terms of this Offer, pay for the Services of the CONTRACTOR under the Offer agreement.
8.2. Comply with all the requirements set out in this Offer.
The CUSTOMER has the right to:
8.4. Receive services in accordance with the terms of this offer.
8.5. To receive the necessary and reliable information about the work of the Contractor and the services provided by him.
8.6. The CUSTOMER has the right to send the CONTRACTOR his opinions, suggestions and recommendations on each type of Services under this Agreement.
9. RESPONSIBILITY OF THE PARTIES
9.1. The CONTRACTOR is not responsible for the inability to service the CUSTOMER for any reasons beyond his control, including disruption of vehicles, diseases, departures and other reasons. For the services that failed due to the fault of the CUSTOMER, the money deposited by him as his payment is not returned.
9.2. The CONTRACTOR shall not be liable for damage caused to the activities of the CUSTOMER or the persons he represents, in case of improper fulfillment of his obligations under this agreement, violation of the requirements of the CONTRACTOR's employees.
9.3. By paying for the CONTRACTOR's Services under the Offer agreement, the CUSTOMER agrees to the terms of this agreement and that he has no right to demand from the CONTRACTOR any compensation for moral, material damage or harm caused to the CUSTOMER both during the term of this Agreement and after its expiration, except in cases where
9.4. The CUSTOMER is responsible for damage to the equipment and property of the Contractor.
9.5. The CONTRACTOR under no circumstances bears any responsibility under the Contract of the Offer for:
a) any actions and/or omissions that are a direct or indirect result of the actions/omissions of any third parties;
b) any indirect losses and/or lost profits of the CUSTOMER and/or third parties, regardless of whether the CONTRACTOR could have foreseen the possibility of such losses or not;
c) the use (inability to use) and any consequences of the use (inability to use) by the CUSTOMER of the information received from the CONTRACTOR.
9.6. The total liability of the CONTRACTOR under the Offer agreement, for any claim or claim in relation to the Offer agreement or its execution, is limited to 10% (ten percent) from the amount of payment paid to the CONTRACTOR by the CUSTOMER under the Offer agreement.
13. DETAILS OF THE CONTRACTOR.
IP Bondar Dmitry Alexandrovich
OGRNIP 316250600052596 INN 251701618323
Actual address: Moscow, Luzhnetskaya nab., 2/4 with 71 of. 103
Email: sale@nova-kommo.com
Phone: +7 499 350 7409
This Offer is legitimate and regulated by the Civil Code of the Russian Federation, namely the following articles:
Article 435. Offer
Article 437. An invitation to make offers. Public Offer
1.1. This document is the official public offer of IP Bondar Dmitry Alexandrovich (hereinafter referred to as the "CONTRACTOR") and contains all the essential conditions for the provision of software development, consulting services.
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, in case of acceptance of the conditions set out below and payment for services, the legal entity or individual making the acceptance of this offer becomes the CUSTOMER (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the offer is equivalent to the conclusion of the contract on the terms set out in the offer), and the CONTRACTOR and the CUSTOMER jointly — BY THE PARTIES to the Offer agreement.
1.3. In connection with the announced, carefully read the text of this offer and if you do not agree with its terms and conditions, or with any other clause of its terms, the CONTRACTOR offers you to refuse to conclude the offer agreement and use the CONTRACTOR's services.
2. TERMS
2.1. For the purposes of this Offer, the following terms are used in the following meaning:
"Offer" — this document is a Public Offer for the provision of consulting and information services.
"Acceptance of the Offer" — full and irrevocable acceptance of the Offer by performing the actions noted in Part 4 of this Offer. The Acceptance of the Offer assumes the Contract of the Offer.
"CUSTOMER" — a person who has accepted the Offer, and thus becomes the CUSTOMER of the CONTRACTOR's Services under this contract.
"Offer Agreement" is an agreement between the CONTRACTOR and the CUSTOMER for the provision of Services, which is concluded by accepting the Offer.
"List of Services" is a set of customer service services published on the CONTRACTOR's website.
"The cost of the service" is determined individually depending on the availability (absence) of documentation necessary for the performance of work, the volume of work (number of names) and complexity of objects for analysis, urgency.
3. SUBJECT OF THE OFFER AGREEMENT
3.1. The subject of this offer is to provide the CUSTOMER with software development, consulting services, organizational support according to the information published on the CONTRACTOR's website and the individual cost of the service.
3.2. The CONTRACTOR provides consulting services through communication services with the CUSTOMER.
3.3. The Public Offer is an official document and is published on the website at: https://nova-kommo.com/
3.4. This Agreement is considered concluded from the moment of payment for the Services.
4. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE OFFER AGREEMENT
4.1. The CUSTOMER accepts the Offer by prepayment of the CONTRACTOR's Services, in respect of which the Offer Agreement is concluded, during the Acceptance Period, taking into account the terms of Section 6 of this Offer.
4.2. The Acceptance period is the time from the moment the CONTRACTOR issues an invoice for Services in accordance with the cost of the service until the CUSTOMER pays for the service using payment terminals or bank transfer to the CONTRACTOR's account or in another not prohibited way agreed with the CONTRACTOR.
5. TERMS AND PROCEDURE FOR THE PROVISION OF SERVICES
5.1. After reviewing the List of services posted on the CONTRACTOR's website, choosing the type of service, the CUSTOMER makes a request for service in electronic form on the CONTRACTOR's website.
5.2. Based on the request, the CONTRACTOR issues an invoice to the CUSTOMER for payment of one service or several services in accordance with the list of services and the cost of services.
5.3. The CUSTOMER pays for the CONTRACTOR's Services, thereby confirming acceptance of the terms of the CONTRACTOR's offer.
5.4. The CUSTOMER has the right to make payments independently, on his own initiative. An application for the provision of services can be sent to the CONTRACTOR before or after the payment.
5.5. After the payment is made by the CUSTOMER and funds are credited to the CONTRACTOR's account, the Offer Agreement comes into force.
5.6. If the type of service specified in the application does not match the amount of payment, the CONTRACTOR, if the amount is insufficient, issues an invoice to the CUSTOMER for an additional payment, or if the amount paid exceeds the cost of this service, offers the CUSTOMER an additional service.
If the payment corresponds to the selected service or after receiving an additional payment or an application for an additional service, the CONTRACTOR acts in accordance with clause 5.7 of this OFFER.
5.7. In general, the CONTRACTOR begins to fulfill its obligations under this offer within 3 days from the date of receipt of the advance payment for Services to its account.
5.8. The CONTRACTOR agrees with the CUSTOMER and assigns the terms of service provision in accordance with the current load.
5.9. If it is not possible for the CONTRACTOR to start providing services within the terms specified in clause 5.8., he notifies the CUSTOMER about it no later than 2 days from the date of receipt of the application. In this situation, the start date of the provision of services is agreed additionally.
5.10. The services are considered to have been rendered properly and in full if the CUSTOMER has not made a complaint within three days from the moment of rendering the service. In the absence of a complaint, the act of acceptance and delivery of completed works (services) is considered signed, and the services rendered properly. Upon the provision of services, the CONTRACTOR unilaterally draws up an ACT of acceptance and delivery of completed works (services).
5.11. After the provision of services under the contract, the parties have no claims against each other.
6. THE COST OF SERVICES AND THE PROCEDURE FOR SETTLEMENTS UNDER THE CONTRACT.
6.1. Payment for services provided to the CUSTOMER is made on the basis of prepayment (advance payment in the amount of 100%).
6.2. Payment is made by the CUSTOMER by transferring funds to the CONTRACTOR's settlement account on the basis of an invoice (receipt) issued by the CONTRACTOR or using other types of payments in agreement with the CONTRACTOR.
6.3. For the purposes of the Offer Agreement, payment from the CUSTOMER is accepted:
– in non-cash form from the CUSTOMER's settlement account to the CONTRACTOR's settlement account;
– through branches of Sberbank of the Russian Federation or other operating banks of Russia;
— with the help of other types of payments in agreement with the CONTRACTOR.
6.4. The CUSTOMER independently monitors the change of the CONTRACTOR's details specified in this Agreement and is responsible for the correctness of the payments made by him.
7. OBLIGATIONS AND RIGHTS OF THE CONTRACTOR.
The CONTRACTOR undertakes:
7.1. During the term of this agreement to provide the CUSTOMER with the services paid for by him.
7.2. To maintain the confidentiality of the CUSTOMER's information, except in cases provided for by the current legislation of the Russian Federation;
7.3. Provide quality services. Take timely measures to prevent and regulate violations of the quality of services provided. Promptly inform the CUSTOMER about changes in the structure of services provided under this agreement and the terms of their provision.
The CONTRACTOR has the right to:
7.4. Refuse to provide services to the CUSTOMER if the CUSTOMER violates the deadlines or does not provide the necessary documents.
7.5. Unilaterally terminate this agreement in case the CUSTOMER fails to fulfill the obligations provided for in clause 6.2. (on timely payment of services).
7.6. Provide services with the involvement of third-party specialists.
8. OBLIGATIONS AND RIGHTS OF THE CUSTOMER.
THE CUSTOMER undertakes to:
8.1. Timely, in accordance with the terms of this Offer, pay for the Services of the CONTRACTOR under the Offer agreement.
8.2. Comply with all the requirements set out in this Offer.
The CUSTOMER has the right to:
8.4. Receive services in accordance with the terms of this offer.
8.5. To receive the necessary and reliable information about the work of the Contractor and the services provided by him.
8.6. The CUSTOMER has the right to send the CONTRACTOR his opinions, suggestions and recommendations on each type of Services under this Agreement.
9. RESPONSIBILITY OF THE PARTIES
9.1. The CONTRACTOR is not responsible for the inability to service the CUSTOMER for any reasons beyond his control, including disruption of vehicles, diseases, departures and other reasons. For the services that failed due to the fault of the CUSTOMER, the money deposited by him as his payment is not returned.
9.2. The CONTRACTOR shall not be liable for damage caused to the activities of the CUSTOMER or the persons he represents, in case of improper fulfillment of his obligations under this agreement, violation of the requirements of the CONTRACTOR's employees.
9.3. By paying for the CONTRACTOR's Services under the Offer agreement, the CUSTOMER agrees to the terms of this agreement and that he has no right to demand from the CONTRACTOR any compensation for moral, material damage or harm caused to the CUSTOMER both during the term of this Agreement and after its expiration, except in cases where
9.4. The CUSTOMER is responsible for damage to the equipment and property of the Contractor.
9.5. The CONTRACTOR under no circumstances bears any responsibility under the Contract of the Offer for:
a) any actions and/or omissions that are a direct or indirect result of the actions/omissions of any third parties;
b) any indirect losses and/or lost profits of the CUSTOMER and/or third parties, regardless of whether the CONTRACTOR could have foreseen the possibility of such losses or not;
c) the use (inability to use) and any consequences of the use (inability to use) by the CUSTOMER of the information received from the CONTRACTOR.
9.6. The total liability of the CONTRACTOR under the Offer agreement, for any claim or claim in relation to the Offer agreement or its execution, is limited to 10% (ten percent) from the amount of payment paid to the CONTRACTOR by the CUSTOMER under the Offer agreement.
13. DETAILS OF THE CONTRACTOR.
IP Bondar Dmitry Alexandrovich
OGRNIP 316250600052596 INN 251701618323
Actual address: Moscow, Luzhnetskaya nab., 2/4 with 71 of. 103
Email: sale@nova-kommo.com
Phone: +7 499 350 7409
This Offer is legitimate and regulated by the Civil Code of the Russian Federation, namely the following articles:
Article 435. Offer
Article 437. An invitation to make offers. Public Offer
