The Contractor, on the one hand, publishes these Terms and Conditions, which is a public offer (proposal) to create for the "Customer", on the other hand, and together referred to as the "Parties", a website in accordance with the samples provided by the Contractor and provides services for the development and programming of the website, in accordance with the terms of the Agreement, terms of reference and questionnaire of the Customer, provides a full range of services for hosting the site on the Internet, its management and support.
1. GENERAL PROVISIONS.
1.1. These Terms in accordance with Art. 633, 647 of the Civil Code of Ukraine is a public offer (proposal) of the Contractor to an indefinite number of individuals and (or) legal entities, which contains the terms of the Agreement for the provision of website programming services.
1.2. Full and unconditional acceptance of this offer is any action by persons who have declared their intention to use the services of the Contractor, as well as taken specific actions aimed at fulfilling the conditions specified in the offer and other actions confirming the person's intention to use the services provided. The performer.
The fact that confirms the conclusion of a public contract by the Customer is that he places an order on the Contractor's website in accordance with the contacts (phone, E-mail, Skype, instant messaging programs, etc.) posted on the Contractor's website at: https: //glyanec.net on ordering the Contractor's services and their subsequent payment.
1.3. The conclusion of a public contract is carried out by joining the Customer to the contract, ie by accepting (accepting) the Customer's terms of the contract as a whole, without any conditions, withdrawals and reservations.
1.4. A public contract (hereinafter - the Contract), executed in the manner described above, is considered concluded in simple writing, does not require paperwork and has full legal force.
1.5. From the moment of acceptance the Customer is considered acquainted with this offer and agrees with it and in accordance with the Civil Code of Ukraine is considered to have entered into a contractual relationship with the Contractor in accordance with these Terms.
1.6. The Contractor's obligations are limited by the terms of this offer, in particular, the Contractor's obligations do not include the provision of services to the Customer to provide access to the Internet. The Customer provides access to the Internet at his own expense.
1.7. The Contractor has the right to change or supplement these Terms at any time, notifying the Customer or not notifying him (depending on the severity of changes). The current version of the Offer Agreement is an open and publicly available document and is always available on the Contractor's website at: https://glyanec.net/ua/dogovir-oferti.
2. CONCEPTS AND DEFINITIONS USED IN THE CONDITIONS.
The terms and definitions used in these Terms have the following meanings:
Website - a set of computer software that provides publication for general viewing of data on the Internet. The site can be accessed by a unique e-mail address or its letter designation. May contain graphic, text, audio, video, as well as other information recorded and read by computer.
Website creation - services provided by the Contractor in the field of programming, processing of text, graphics and other materials (provided by the Customer and / or specially created by the Contractor) based on samples provided by the Contractor and / or Customer, taking into account the questionnaire and wishes of the Customer . Website design services do not include filling the website with graphics, text, photos, audio and video.
A logo is a graphic file created with the help of Adobe Illustrator, Adobe Photoshop or Corel Draw software, which is transferred by the Customer to the Contractor before or during the development of the website, or can be created by the Contractor to the Customer separately or as part of a comprehensive website order. , printing products, etc.
Account - a set of user access rights to a multi-user system, which are created after registration in the form of an "account" on the artist's web server. It is determined by the presence of a proper name (login) and password.
Domain is an area of the Internet hierarchical namespace that is served by a set of domain name servers (DNS). A domain is identified by a domain name. The domain for website development is provided by the Customer or registered by the Contractor in the interests of the Customer (in this case it is completely transferred to the Customer at the first request and paid by the Customer separately). If the Customer does not provide a domain when ordering the development of the website, the Contractor shall develop the website using its technological (temporary) domain, which the Customer may always change by agreeing this decision with the Contractor.
Doorways are special web pages designed for high search engine rankings for certain keywords. The doorway is created to receive search traffic and then redirect it to third-party sites for their own enrichment.
Domain registration - entering information about the domain and its administrator in the register of domain names in order to ensure the uniqueness of the domain, as well as obtaining the rights to administer the domain by the administrator.
E-mail - e-mail.
Web-page (the same as a website, web-portal, web-portal, web-page, web-portal) - electronic representation of the Customer on the Internet, information-interactive resource, static or dynamic web-page or set of static and dynamic pages.
Login - a unique set of letters and numbers for the server, which in combination with the password serves as the identifier of the Customer (account).
Password - a set of letters and numbers, which in combination with the login serves as the identifier of the Customer (account).
Spam - mass mailing of messages (letters, e-mails to accounts, SMS-messages, etc.) with information of advertising, commercial or propaganda nature to other Internet users without their consent, use of own or provided information resources (mailboxes, e-mail addresses, pages WWW, etc.) as contact details when performing any of the above actions, regardless of which part of the Internet these actions were performed.
Server - hardware and software complex of the Contractor, divided into hosting accounts. Administration and maintenance of the server is carried out by the Contractor (VPS administration can be carried out by the Contractor only in case of providing technical support services to the Customer).
Virtual Dedicated Server or VPS - hosting support services, in which the Customer is provided with a virtual server with certain characteristics on the Contractor's server. In this case, the Contractor is not obliged to provide administration and maintenance of the server free of charge.
Hosting - placing the Customer's website, files and e-mail on the Contractor's server (creation of a hosting account).
Control Panel - software for remote administration of a web server (VPS server) or hosting account.
GB (gigabyte, GB) - a multiple unit of information amounting to approximately 1 billion bytes.
HDD - the amount of information (maximum) provided to the Customer for individual use on physical media, which is installed on the Contractor's server and used in conjunction with other accounts.
Copyright, content - services provided by the Contractor, the Contractor's representative or an employee of the Contractor, and consist in writing and posting texts (copypaste, rewrite, copyright) on the Customer's web page. Copypast, rewrite and copyright have different prices and are evaluated through negotiations before the Contractor provides services to the Customer at a price of 1000 characters with spaces.
Copypast - accurate, categorized and formatted placement on the site of materials from the sources provided by the Customer (catalogs, sites, emails) to the Contractor, his representative or a person hired by the Contractor.
Rewrite - uniqueization (rewriting) of the text from the source provided by the Customer (e-mails to the Contractor, his representative or a person hired by the Contractor, links to Internet resources, content on topics for consideration by a copywriter, etc.).
Copyright - writing the author's unique text (news, interviews, articles, product descriptions, etc.).
Technical support - (depending on the tariff chosen by the Customer) a set of organizational measures of the Contractor aimed at ensuring the functioning of the web-page, including its content, programming, changes in site design, HTML and CSS layout of web pages, edits and wishes, consultation with personal manager project, telephone communication with copywriters, art and technical department. Tariffs are described in more detail on the Contractor's website https://glyanec.net/ua/pidtrymka-saytiv. Information, tariffs, prices and conditions are subject to change without notice to the Customer.
Megabyte (MB, MB) - a unit of measurement of the amount of information equal to approximately 1,000,000 bytes.
Hyperlink - a part of a hypertext document that refers to another element (command, text, title, note, image) in the document itself, to another object (file, directory, application) located on a local disk or computer network, or on elements of this object.
Error (defect) - the state of the program when incorrect results are generated, which leads to incorrect conversion of input information into output.
Professional service - part of services under the Contract, or services provided under the Contract as a whole, performed by the Contractor perfectly and professionally, in accordance with the samples submitted by the Contractor, terms of reference, questionnaire of the Customer, individual wishes and amendments of the Customer. qualitatively, with the help of exceptional marketing, design, technical knowledge of the Contractor (and / or persons representing him, employees and contractors), due to the extensive experience of the Contractor. All stages of the contract or parts of stages under the contract, or services under the Contract as a whole, are recognized by the Customer as being performed by the Contractor professionally. Such services or part of the services are considered professionally performed, and this cannot be refuted by the Customer after termination or termination of this Agreement, if the services are accepted by the Customer by one of the following actions: transition from the current part of the contract to the next provision of services to the next stage under the Agreement, payment for the next stage under the Agreement.
3. RULES OF PROVISION OF SERVICES.
3.1. The Customer places an order on the Contractor's website, indicating reliable data and agreeing to the terms and conditions of this Agreement. The Customer may also place an order by phone, Skype, email correspondence with the Contractor's representative after reviewing the Terms of this offer on the Contractor's website, in text or any other format and form sent to the Customer by the Contractor or his representative. If a written agreement for the development of a website has been concluded between the Customer and the Contractor, the Parties shall be guided exclusively by a written agreement.
3.2. Ordering on the Contractor's website https://glyanec.net is carried out by the Customer independently by specifying their credentials in accordance with the order form. The main elements that identify the Customer on the Contractor's website are the name, telephone number and e-mail address (credentials). The Customer may provide the same data for the execution of the order to the Contractor's representative for further execution of the order. At the request of the Customer, the Contractor may draw up a questionnaire and terms of reference (drawn up only before the start of services under the Agreement). If the questionnaire and terms of reference were not drawn up at the beginning, the Parties have agreed on all technical conditions in oral agreements and are guided only by the Terms of this agreement.
3.2.1. Services under the Agreement are provided in stages:
184.108.40.206. The first stage includes:
- development of the technical task on the basis of the questionnaire of the Customer;
- development of a prototype of the main page of the website, acquaintance of the Customer with the provided service;
- development of a prototype of the internal pages of the website on the basis of the prototype of the main page of the website, acquaintance of the Customer with the provided service;
- design of the main page of the website, made on the basis of the prototype of the main page of the website, acquaintance of the Customer with the provided service;
- design of internal pages of the website, made on the basis of the design of the main page and prototypes of the internal pages of the website, acquaintance of the Customer with the provided service.
The Customer is acquainted by providing the Contractor with a hyperlink by e-mail, SMS-message, Skype or other means of communication on the results of part of the services provided in the first stage or services in the first stage as a whole. The Parties agree that the transition from one part of the stage to the next part of the first stage is regarded as acceptance of services provided by the Customer for the current part of the first stage.
220.127.116.11. The second stage - HTML and CSS layout, work with the site management system, site programming according to the terms of reference.
18.104.22.168. The third stage is testing by the Customer of the website operation and correction of the errors (defects) found by the Contractor. The Parties agree that the period of testing by the Customer of the website may not exceed 14 (fourteen) calendar days from the date of the Contractor's access to the Customer (by providing hyperlinks by e-mail, SMS, Skype, etc.) to the website.
3.2.2. Delivery of services provided by the Contractor to the Customer is carried out in stages from the moment of providing the Contractor with results at any of the stages, by providing hyperlinks by e-mail, SMS, Skype or other means of communication.
3.2.3. In the event that the Customer pays for the next stage of the Agreement and there are no amendments to the current stage, the Parties agree that the current stage of website programming services is accepted by the Customer and there are no claims to its implementation.
3.2.4. The customer has the right to provide edits to the current stage within 5 (five) calendar days from the date of providing him with a hyperlink (by e-mail, SMS, Skype or other means of communication) with the results.
3.2.5. After making the amendments provided by the Customer on the basis of paragraph 3.2.4, the Customer has the right to provide amendments to the current stage within 2 (two) calendar days from the date of providing him with a hyperlink (e-mail, SMS, Skype or other means of communication) taking into account the results of previously made changes.
3.2.6. After making the amendments provided by the Customer on the basis of paragraph 3.2.5, the Customer has the right to provide amendments to the current stage within 2 (two) calendar days from the date of providing him with a hyperlink (e-mail, SMS, Skype or other means of communication) taking into account the results of previously made changes. All amendments that will be provided by the Customer to the current stage outside the deadlines stipulated in p. 3.2.4, 3.2.5, 3.2.6, are paid by the Customer separately at the hourly preferential rate.
3.2.7. In order to reduce the burden on the Contractor to prevent redundancy, as well as to increase the efficiency of services under the stages of the Agreement, the Parties agree that an adaptive version of the website (correct display of the website on smartphones, tablets, etc.), if such work is technically task, is developed after completion and acceptance by the Customer of all services on the third stage.
3.3. When providing services, the Contractor prohibits any actions by the Customer aimed at obtaining unauthorized access to the Contractor's server resources, personal credentials and other data of other Customers, as well as any other data not provided to the Customer and available via the Internet from the server. Artist.
3.4. The Contractor imposes the following restrictions on the information ("content") posted by the Customer on the site created by him using the management system https://glyanec.net:
3.4.1. The use of the Contractor's services must be carried out by the Customer only for lawful purposes and in lawful ways, taking into account the legislation of Ukraine and international law.
3.4.2. The Customer is directly responsible for the content of websites, files in the Customer's account and in the accounts included in the Customer's account.
The Contractor does not control the content of information posted and / or disseminated by the Customer, but when the placement and dissemination of such information is contrary to law and in case of serious violations by Customer, the Contractor has the right to block or delete resources without notice.
3.4.3. It is forbidden to post and distribute photographic and video materials of pornographic, vulgar, violent nature, as well as any materials in violation of copyright or law, in particular, calls for violence, overthrow of the current government, discrimination based on sex, race, religion, ethnicity, etc.
3.4.4. The posting and dissemination of any information or software that may be used to hack computer systems or that contains computer viruses or other components equated to them is prohibited.
3.4.5. The so-called "doorways" and other forms of search spam are prohibited.
3.4.6. It is forbidden to persuade visitors to the site to make conversions on advertising links, to wind impressions / conversions on them by any other means.
3.5. The Contractor makes every effort to prevent or stop attempts at unauthorized access to the resources of the Contractor and the Customer, failures and malfunctions of the Contractor's equipment, penetration of harmful components, etc. Due to the specifics of hardware and software, the contractor is not able to guarantee permanent one hundred percent error-free operation of the entire system. In the event of an emergency or emergency, the Contractor shall do everything in his power to normalize the situation as soon as possible.
3.6. The Contractor may suspend the provision of services for the time necessary for the planned maintenance work without prior notice to the Customer. Usually scheduled work is carried out from 24:00 to 06:00.
3.7. The customer has the right to submit to the specially authorized state body of intellectual property an application for registration of the page, indicating himself as the owner, and the Contractor as the author. The Contractor undertakes to transfer to the Customer all property rights to the web-page. The personal non-property rights of the author to the software solution (elements of visual design and program code) remain with the Contractor. The program code of web-pages to which the personal non-property rights of the Contractor apply may not be transferred, sold or in any other way provided to a third party without the prior written permission of the Contractor.
3.8. The Contractor has the personal non-property rights of the author to software solutions that were implemented by the Contractor for the Customer during the implementation of this Agreement. The Website developed by the Contractor is hosted on only one domain in order to protect it from copying. In case the Customer changes the domain, he must notify the Contractor in writing. The Customer has no right to copy the website developed free of charge by the Contractor, in which case the Customer may apply to the Contractor to purchase a license, the cost of which is 20% of the project budget and is tied by the Contractor to the domain. In case the Customer re-purchases the finished website in the Contractor's store, its value for the Customer will be 50% of the price indicated at the time of sale. If the Customer purchases a ready-made website in the Contractor's store in the interests of third parties, its value for the Customer will be 70% of the price indicated at the time of sale.
3.8.1. The Customer has the right to sell the website developed by the Contractor not more than once. In this case, the customer is obliged to notify the buyer (new owner) that his site is subject to the terms of this Agreement, and the buyer (new owner) together with the purchase undertakes to fulfill them instead of the original customer.
3.9. The Contractor has the right to place on each web-page of the Customer the following information, namely: HTML-code <a href="https://glyanec.net" target="_blank"> Creating sites </a>, which includes the web address -performer pages. The customer has no right to delete, close, merge with the background of the web-page information about the Contractor, namely: HTML-code <a href="https://glyanec.net" target="_blank"> Creating sites </a>. The deletion of this information may be approved only with the written consent of the Contractor upon payment by the Customer of 20% of the project cost.
3.10. Host support works are provided free of charge by the Contractor during the provision of web page development services. These works are carried out only until the testing of the web page and if the project takes no more than 500 MB. From the moment of testing the web page (project) the Customer is obliged to order from the Contractor the minimum necessary for the operation of the website hosting at https://glyanec.net/hosting. Access to hosting will be provided by the Contractor to the Customer only after full payment and acceptance of services under the Agreement. The Customer has the right not to purchase hosting support services from the Contractor, if the total period of testing and correction of corrections (errors) by the Contractor does not exceed 10 days.
3.11. All additional services not provided for in this Agreement shall be paid separately based on the following calculation: 1 (one) hour of providing the Contractor's services is equal to 20 (twenty) US dollars. If the Contractor has spent less than an hour on additional services, the Parties have agreed that payment shall be made by the Customer as for a full hour of work. Additional services are hourly and paid separately. Additional services include consultations, negotiations, clarifications, telephone conversations, Skype communication, video conferencing, time spent on correspondence in messaging applications, Internet chats and direct meetings with the Customer.
3.12. Filling of the website is carried out by the Contractor only with test content for the purpose of testing the functionality of the website. The amount of content that fills the Customer's website is determined only at the discretion of the Contractor. The Customer may, for a fee, order additional services from the Contractor to fill the website with content.
3.13. The parties agreed that the services are provided on an hourly basis. In that case, if the Contractor has spent on the development of the website more than 150 (one hundred and fifty) hours, as recorded by internal timekeeping programs, and can provide "logs" of time spent, all additional services under the Agreement in excess of 150 ( one hundred and fifty) hours are considered to be performed at a reduced rate, the cost of which is agreed by the Parties separately.
3.14. All hourly services are estimated by the Contractor approximately (predicted), but in fact the development of the website may take more time than provided for in paragraph 3.13 of the contract. In this case, the Customer is aware that the cost of providing services under the Agreement may increase. Prior to the start of such services, the Contractor is obliged to notify the Customer by e-mail, SMS, Skype or other means of communication.
3.15. In case of refusal of the Customer to pay for services that exceed the deadlines set out in paragraph 3.13 of the Agreement, the Contractor shall transfer to the Customer all the results of services provided, which were performed within 150 (one hundred and fifty) hours. The contract is considered fulfilled in full.
3.16. All organizational correspondence and dialogues (orally, by phone, in chats, email-correspondence) within the framework of the implementation of this Agreement between the Contractor and the Customer are conducted only in Russian or Ukrainian. If the information provided by the Customer is not in Russian or Ukrainian, then the Contractor has the right to require the Customer to translate into one of the languages specified in this paragraph of the Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES.
4.1. The Contractor is obliged to:
4.1.1. In case of purchasing a website in the store, provide the Customer with access to the website and site management system at business addresses on the Internet no later than 1 (one) business day from the date of payment for services. The website address and access to the management system must be sent by the Contractor to the Customer at the e-mail address specified in the application on the Contractor's website. If the website is developed by individual order, access to the Customer's website will be provided by the Contractor only after full payment of all stages, readiness in terminals and written confirmation of acceptance by the Customer of services provided under this Agreement.
4.1.2. The Contractor reserves the right to change the terms of providing the website to the Customer with prior notice to the Customer at the e-mail address specified in the order to purchase the site.
4.1.3. Provide services in accordance with the terms of this agreement and its annexes.
4.1.4. Provide advice on issues arising from the Customer in the implementation of this Agreement.
4.1.5. In case of ordering hosting and support, place the website on the Internet at the domain name registered by the Customer or at the request of the Customer, provided that the latter pays for these services within five working days from receipt of the notice from the Customer.
4.2. The Contractor has the right to:
4.2.1. Suspend the provision of services for the necessary scheduled maintenance and repair work on its technical resources, as well as unscheduled work in emergencies. Notice of the above work is published by the Contractor on its web-site (blog) indicating the possible duration of such work (except in emergencies, when information about the suspension of services is published by the Contractor as far as possible).
4.2.2. Interrupt the provision of services, if it is due to illegal actions and (or) inaction of the Customer, third parties, if it directly affects the quality of services under this Agreement, including in an emergency. The Contractor shall not be liable to the Customer and shall not reimburse him for losses incurred or which may occur to the Customer due to delays, disruptions and inability to fully use the resources and results of services provided by the Contractor for the above reasons.
4.2.3. Make changes and additions to this agreement and tariffs by publishing these changes and additions on the Contractor's website.
4.2.4. Provide website hosting and technical support services. Technical support services are provided by the parties separately, by concluding a website maintenance agreement, in which case the offer agreement does not apply to the website maintenance agreement.
4.2.5. Provide information to the Customer on the implementation of the contract, by sending SMS, e-mail, other forms of messages, Internet messengers, including Viber; to the mobile phone number, e-mail and other contacts specified by the customer when registering in the personal account of the Contractor or during the provision of services. This information may include: notifications about the positive or negative balance under the Agreement; notifications in stages, according to section 3 of this agreement, other important notices.
4.2.6. Independently choose the technologies and methods of services that will be used to perform the tasks of the Customer.
4.2.7. The Contractor has the right to refuse the Customer to make changes to the part of the services that the Contractor performed free of charge (bonus).
4.3. The customer is obliged to:
4.3.1. Timely transfer funds as payment under this Agreement to the current account of the Contractor or in other ways specified by the Contractor on its website at - https://glyanec.net/ua/payform, or provided by a representative of the Contractor.
4.3.2. Undoubtedly comply with the terms of this agreement and follow the changes and additions to it and the annexes to it, published on the web-site of the Contractor (https://glyanec.net).
4.3.3. Comply with copyrights to software provided by the Contractor and / or third parties, including https://glyanec.net site management software and system documentation.
4.3.4. Timely and in the established amount to pay for the services provided under this Agreement.
4.3.5. Do not allow the source code of the website to be distributed or transmitted to third parties.
4.3.6. Do not use the source code of the website to engage in any activity that aims to create such websites by the Customer or third parties and (or) violates the statutory rights of the Contractor as the author of the source code of the website.
4.3.7. Do not change or delete the link to the Artist's site on the purchased site.
4.3.8. Within ten working days after notifying the Contractor of the completion of the second stage of the contract to test the web-page and provide an exclusive list of defects (errors) found during testing. After the Contractor corrects the defects (errors) found during testing, if necessary, within 2 days, check and provide a new list.
4.3.9. Remarks for completion The Customer may provide no more than three consecutive times before each stage of development of the web-page provided by this Agreement.
4.3.10. The concept of "refinement" includes changes and additions that do not contradict the concept of design, customer questionnaire and terms of reference.
4.3.11. Such changes in the finalization of the design may be: change the typeface and font size, change some minor design elements (not more than 2-3). In the event of other changes and additions to the models, the conditions of their implementation are assessed by the Contractor and paid by the Customer separately from the terms of this agreement.
4.3.12. Changes and additions provided by the Customer must have an unambiguous interpretation and be comprehensive.
4.3.13. Changes and additions must be provided in writing or electronically from the Customer or the Customer's representative to the e-mail of the Contractor [email protected]
4.3.14. Give the Contractor only such revisions to the stages that do not contradict the terms of the contract, terms of reference.
4.3.15. The moment of completion of the second stage, clause 22.214.171.124 of the contract, is the provision by the Contractor to the Customer hyperlink by e-mail, SMS, Skype or other means of communication to the Customer's website. The Customer checks the availability of the website, which was made by the Contractor during the second stage of the contract, and within one day from the date of providing the Customer with a hyperlink, the Customer is obliged to pay for the third stage of the contract. The time for which the payment by the customer of the third stage under the Agreement is delayed is deducted from the warranty periods provided for in clauses 9.11 and 9.12 of the agreement. The Customer has no right to make amendments to the second stage of the Agreement.
4.3.16. Testing by the Customer of the third stage of the Agreement may not exceed fourteen calendar days from the date of provision by the Contractor of a hyperlink to the Customer's website, in accordance with clause 4.3.15 of the Agreement. The time for testing a website cannot be extended without good reasons, such as vacation, illness, business trip, lack of time, etc. Good reasons for missing the testing time of the website are provided exclusively in section 7 of this agreement.
4.3.17. The customer has the opportunity to communicate on the ordered project with the personal project manager via: e-mail, phone, SMS, Skype or directly in the web design studio (meetings with the personal manager in the web design studio, exceeding one hour per week, paid separately). If the Customer wishes to meet in person with his project manager, then he informs the manager in advance (at least 24 hours) of such a meeting.
4.3.18. The customer who accepts this agreement is informed that the prototypes of web pages and design layouts sent by the Contractor should be viewed only on a personal computer or laptop to avoid their visual distortion that may occur on mobile devices (tablet, smartphone, phone, PDA). ).
4.3.19. The customer is informed that for the proper functioning of the website it is desirable to update and maintain the latest version of the site core.
4.3.20. The Contractor does not keep the old site of the Customer when replacing it with a new one. Preservation of the old site of the Customer should be carried out by the Customer. If it is necessary to preserve the old site of the Customer, the Contractor may make its own by separate payment and agreement between the Parties.
5. CONTRACT PRICE AND CALCULATION PROCEDURE.
5.1.1. The cost of the Contractor's services under this Agreement is established in accordance with the current tariff plan of prices, which is published on the website https://glyanec.net, at the following links: https://glyanec.net/ua/pidtrymka-saytiv, https: // glyanec. net / ua / hosting, https://glyanec.net/ua/shop. The Contractor has the right to change the cost of tariff plans, as well as prices at the above links without prior agreement with the Customer.
5.1.2. The price of website programming depends on the type of services ordered. In the case of website development, design, layout, programming - the price is agreed between the Parties by agreement. In the case of hourly work, the price of services is set for one hour of services by the Contractor and is determined by negotiation. The parties agree that the provision of services is hourly and is rounded up to one full hour (60 minutes).
5.1.3. In the store at: https://glyanec.net/ua/shop the prices for the finished website are indicated without making changes to it, if the Customer wants to change the design, the script of the website with full preservation of its structure - the price will be changed depending on the volume of services provided in order to achieve the desired result for the Customer.
5.1.4. The finished website is sold in the form to the Customer, in which it is in the Contractor's store, ie "as is". Before purchasing the finished website, the Customer is obliged to read the demo version of the website that interested him and test it within the period set by the Contractor.
5.1.5. The customer has the right to provide a list of edits to the purchased website within fourteen calendar days from the date of purchase of the finished website.
5.1.6. The Contractor is interested in making changes to the finished website and reserves the right to make changes provided by the Customer to its main version of the finished website (improve your finished site in the store) and duplicate the implementation of these edits in a copy of the Customer's finished site. this.
5.1.7. The Parties agree that from the moment of payment and receipt by the Customer of access to the purchased website, the Parties have no claims against the purchase and sale of the website to each other, except for clause 5.1.5 of this agreement until such changes are made by the Contractor.
5.2. The Contractor has the right to unilaterally change the tariffs for hosting and technical support of the site at any time.
5.2.1. The Contractor has the right at any time to unilaterally change the tariffs for other services provided by partners or through paid services. For example: email and Viber mailings, SMS and call center services.
5.3. In cases of increase of the official or commercial exchange rate of the US dollar against the hryvnia by more than 20% of the US dollar exchange rate set by the National Bank of Ukraine on the date of this Agreement and installation of new equipment, the Contractor may unilaterally change the cost of services and the cost of tariff plans.
5.3.1. Fees for banks, intermediaries and payment systems are not included in the cost of website development.
5.3.2. Payment made by the Customer at the link https://glyanec.net/ua/payform through such payment systems as LiqPay, Portmone, Fondy - is for information services of the Contractor
5.4. Hosting and technical support:
5.4.1. Prior to the provision of hosting support and technical support services, the Customer pays a prepayment of 100% of the price of these services for one calendar month or another period multiple of one month, according to the selected tariff plan.
5.4.2. Access to the hosting (login and password) is provided to the Customer upon oral or written request, immediately after payment. If the Customer considers that access or provided service with technical characteristics specified in the relevant tariff plan was not provided to him, or not provided in full, or do not meet the conditions of the selected tariff plan, the customer must within ten days request a written request by e-mail The Contractor on their provision in accordance with paragraph 5.4.5 of the contract, otherwise access and technical characteristics are considered provided orally or by sending an e-mail and comply with the tariff plan.
5.4.3. Within five working days from the date of receipt of the claims, the Contractor shall eliminate them, or within another period agreed by the Parties.
5.4.4. In case of termination of the provision of services under this Agreement at the request of the Customer, the funds received by the Contractor for the provided services shall not be returned to the Customer.
5.4.5. The exchange of correspondence, namely the exchange of contracts and claims is carried out by sending valuable letters through the Ukrposhta branch with a notice of delivery and a description of the investment or through Nova Poshta LLC with a description of the investment, using the "courier delivery" service. Services of LLC Nova Poshta are paid by the customer.
5.4.6. Sending correspondence by e-mail is equivalent to 5.4.5. Receipt of this correspondence by the Contractor is carried out only from the e-mail address officially specified by the Customer.
5.5. The Customer's website may be posted by the Contractor on the Customer's hosting site, subject to the following conditions:
5.5.1. If the Customer already has a registered hosting site located in another hosting company, he must promptly notify the Contractor and provide comprehensive information about the tariff plan, configuration of the hosting site, access to the control panel, FTP and MySQL access.
5.5.2. The CMS Drupal content management system is developed in the PHP programming language and has the following technical requirements for the server configuration (customer's hosting site):
- Apache branches 2.x
- PHP versions from 8.0> =
- MariaDB version from> = 10.1 or MySQL version from> = 5.7.
- List of PHP libraries: composer, ssh, git, gd, mysql, pcre, posix, session, sockets, zlib, date, home, filter, hash, json, pdo, SimpleXML, SPL, tokenizer, xml.
- The latest version of Composer is installed.
- PHP should not work in Safe Mode and in the mode of disabled global variables.
- Apache must be able to use .htaccess (AllowOverride instruction) and be configured with the "UseCanonicalName Off" directive.
- Full SSH access.
- The max_allowed_package database configuration must be larger than 256Mb.
- RAM is physically allocated for one site on the server of the hosting site, should not be less than 512 Mb, for the best performance of the site is recommended 1 Gb.
- The hosting site on which the Customer's website is or will be hosted is obliged to ensure the creation of daily backups of the website and keep them for one month after creation.
5.5.3. The transfer of the web page to the Customer's hosting site is paid by the Customer separately from the terms of this agreement. After the Customer provides information in accordance with paragraph 5.5.1 of this agreement, as well as agreeing on all essential conditions for the transfer of the web-page, the Contractor places on the Customer's hosting site a test version of the site / system and tests hosting for compliance with technical requirements (paragraph 5.5.2 of this agreement).
5.5.4. The transfer of the web page to the Customer's hosting site is paid by the Customer separately from the terms of this agreement. After the Customer provides information in accordance with paragraph 5.5.1 of this agreement, as well as agreeing on all essential conditions for the transfer of the website, the Contractor places on the Customer's hosting site a test version of the site / system and tests hosting for compliance with technical requirements (paragraph 5.5. 2 of this agreement).
5.5.5. In case of compliance of the Customer's tariff plan and hosting site with the technical requirements (clause 5.5. 2 of this agreement), services for placing the website on the Customer's hosting site are provided by the Contractor for a fee.
5.5.6. In case of non-compliance of the tariff plan with the technical requirements, the Contractor shall notify the Customer of the existing problems within 5 (five) working days after the provision of data by the Customer in accordance with clause 5.5.1 of this Agreement. The Customer undertakes either to change the tariff plan in accordance with the technical requirements (full compliance with all technical requirements is determined only after re-testing after changing the tariff plan), or to change the hosting site to the recommended hosting.
5.5.7. In case of the Customer's refusal to change the tariff plan or hosting site, services provided by the Contractor's specialists with technical support of the Customer's hosting company, services to adapt the site / system to the Customer's hosting site are paid by the Customer separately from the terms of this agreement. The technical feasibility and cost of these services is determined by the Contractor based on the test results of the Customer's hosting site.
5.5.8. If the Customer has its own physical server (or a virtual dedicated server, for example, https://glyanec.net/ua/hosting, which provides for the placement of the Internet site, the Customer undertakes to independently and at its own expense to provide a server configuration appropriate to In the case of connection of specialists by the Contractor for the provision of these services, the possibility and cost of their implementation is assessed by the Contractor and paid by the Customer separately from the terms of this agreement.
6. RESPONSIBILITY OF THE PARTIES.
6.1. The liability of the parties for the obligations arising from this agreement is governed by the laws of Ukraine and this Agreement.
6.2. If the Customer's obligations to pay for the services provided are not fulfilled, the Contractor has the right to suspend the provision of performed and unpaid services to the Customer and not to provide new ones. The Contractor also has the right to suspend the provision of technical support services to the website in the event of a negative value of the Customer's balance on the Contractor's server. Upon replenishment of the balance by the Customer, the services of hosting support and technical support of the website will be restored by the Contractor, from the moment of confirmation of the actions by the Customer.
6.3. The Customer is responsible for any actions and (or) inaction, both intentional and unintentional, as well as for any actions and (or) inaction of persons who use its credentials related to the placement and (or ) dissemination of information on the Internet, obtaining through the use of the Contractor's resources access to third party resources that have caused and (or may cause) violations of the law, as well as for any damage caused by the above actions and (or) inaction of the Contractor, third parties and the moral principles of society. The Contractor shall not be liable for such actions and (or) inaction of the Customer or persons using his credentials, as well as the consequences of such actions and (or) inaction.
6.4. The Contractor shall not be liable for damage caused by the Customer and (or) third parties due to disclosure, loss by the Customer or theft of credentials from the Customer.
6.5. The Customer shall be liable for any illegal actions and (or) inaction of the Customer and or persons who use his credentials, which caused any damage to the Contractor, including loss of business reputation, and compensate the Contractor for damages.
6.6. The Contractor shall not reimburse the Customer for losses (including lost profits) incurred by him during the period of use or non-use of resources and results of services provided by the Contractor.
6.7. The Contractor is not responsible for the improper functioning of the Internet, its parts or for the quality of communication lines that are not related to the Contractor's own resources, and for their availability to the Customer, and is not responsible for changes in properties, functions and quality of services. provided to the Customer, if such changes are related to the functioning of the Internet, both on the Contractor's own resources and outside them.
6.8. The Contractor shall not be financially liable to the Customer and shall not refund the funds paid under this Agreement, if the services were not provided due to the fault of the Customer, in particular, due to violation of these Terms.
6.9. The Customer independently bears full responsibility for possible violations of copyright, trademarks and other norms of the legislation of Ukraine related to the fact of placing the Customer's data on the Internet on the information and technical resources of the Contractor.
6.10. The Customer undertakes to protect the Contractor from any liability - legal, administrative, moral and all possible claims, fines, damages, costs caused by the actions of the Customer and / or visitors of the website, as well as the Customer's files when using the Contractor's service. This rule applies without any restrictions or exceptions to both the Customer (or persons acting on behalf of the Customer) and persons whose accounts, domains, sites or other components are located within the Customer's account.
7. FORCE MAJOR.
7.1. Сторона звільняється від відповідальності за часткове або повне невиконання зобов'язань за цим Договором, якщо доведе, що належне виконання виявилося неможливим внаслідок непереборної сили, тобто надзвичайних і невідворотних за цих умов обставин.
7.2. Під форс-мажорними обставинами розуміються стихійні лиха, війна і військові операції будь-якого характеру, блокади, ембарго, заборона експорту та імпорту, епідемія, дії держави, страйки, цивільні заворушення, а також адміністративно-правові акти державних органів та інші обставини надзвичайного характеру, які Сторони не могли передбачити і передбачити в ході виконання договору. Виконавець має право перенести терміни виконання договору на період, протягом якого діятиме форс-мажор.
7.3. При настанні форс-мажорних обставин кожна Сторона повинна без зволікання сповістити про них в письмовому вигляді іншу Сторону. Повідомлення повинно містити дані про характер обставин, а також офіційні документи, що засвідчують наявність цих обставин і, по можливості, дають оцінку їх впливу на можливість виконання стороною своїх зобов'язань за цим Договором.
8. PROCEDURE FOR RESOLUTION OF DISPUTES.
8.1. The parties agree to resolve all disputes arising from the implementation of this agreement through negotiations.
8.2. If no agreement is reached during the negotiations, a pre-trial (claims) dispute resolution procedure is used to resolve disputes. In this case, the Party whose rights have been violated shall, before going to court, submit a claim to the other Party stating its claims.
8.3. The claim is sent with a notice of delivery to the address: 21034, Ukraine, Vinnytsia, A / C 1119. The date of receipt of the claim is the day of its delivery, according to the date of the notice of delivery. The deadline for responding to the claim is 20 calendar days from the date of its receipt.
8.4. The response to the claim is sent by registered mail with notice of service. If the claims are not satisfied (in whole or in part), the Party whose rights have been violated has the right to file a statement of claim in court in accordance with the rules of jurisdiction and territorial jurisdiction.
9. FINAL PROVISIONS.
9.1. The Agreement shall be deemed fulfilled after the Parties have fulfilled their mutual obligations and settled all settlements between the Parties.
9.2. Copyright for all software development performed by the Contractor under this agreement belongs to the Contractor. The sites or internal pages of the Customer's site created by the Contractor in the process of providing services under this Agreement, as well as the design of sites and any other pages created by the Contractor shall be the intellectual property of the Contractor. The Customer, with the prior agreement of the Contractor, has the right to sell its website once, subject to warning the buyer to extend to him, as the future owner, the terms of this Offer.
9.3. The Customer grants the Contractor the right to use the Customer's name and logo in the list of customers on the Contractor's website.
9.4. The Contractor has the right to use the name of the Customer, logo and short description of the site, as well as the visual part of the site pages (appearance) in all information and representation, printing, advertising and other materials of the Contractor.
9.5. The Contractor has the right to place on the title page of the Customer's website hyperlinks to the Contractor's website.
9.6. The Contractor has the right, if necessary, to engage third parties to provide services.
9.7. The titles and numbering of the articles of this Offer are provided for ease of reading and are irrelevant in the interpretation of these Terms.
9.8. If any clause of these Terms turns out not to be literally enforceable, it shall be interpreted in accordance with the current legislation of Ukraine taking into account the primary interests of the Parties, while the remaining Terms continue to apply in full.
9.9. These Terms are made in accordance with the terms of the Civil Code of Ukraine.
9.10. Having accepted the terms of this agreement, the Customer in accordance with the Law of Ukraine "On Personal Data Protection" from 01.06.2010 № 2297-VI voluntarily gives the Contractor his consent to automated, as well as without the use of automation processing (including collection, accumulation, storage and use) personal data, namely: passport data, identification number, data of the certificate of state registration of a natural person-entrepreneur, other documents on entrepreneurial activity of a natural person-entrepreneur, including the tax system, photographs or other images, number of means of communication language, e-mail address, data on place of residence and place of business, data on education, data on length of service and work experience, bank details, other data voluntarily provided by the Customer for the purpose of processing - to ensure the implementation of civil law and economic and legal relations, administrative and legal, tax relations, relations in the field of accounting accounting; relations in the field of statistics; and ensuring the implementation of other relations that require the processing of personal data in accordance with the Civil Code of Ukraine, the Commercial Code of Ukraine, the Tax Code of Ukraine. The Customer also agrees to transfer (disseminate) his personal data included in the personal databases of the Contractor's counterparties, only for the above purpose and in the manner prescribed by the Law of Ukraine "On Personal Data Protection", which establishes processing and protection of personal data. The Customer does not require notification of the transfer (dissemination) of his personal data included in the specified personal data base to third parties, if such transfer (dissemination) is in the interests of the conspirators in order to implement the above legal relationship.
9.11. The Contractor guarantees that from the moment of acquaintance of the Customer with the provided services under the project, cost in equivalent to 5 000 US dollars, by providing hyperlinks by e-mail, SMS-messages, Skype or other means of communication, to correct errors found by the Customer free of charge. The list of errors found is provided by the Customer to the Contractor before the end of fourteen calendar days from the date of acquaintance of the Customer with the work performed.
9.12. The Contractor guarantees that from the moment of acquaintance of the Customer with the provided services under the project, costing in excess of 5 000 US dollars, by providing hyperlinks by e-mail, SMS-messages, Skype or other means of communication, to correct errors found by the Customer. The list of errors found is provided by the Customer to the Contractor before the end of thirty calendar days from the date of acquaintance of the Customer with the services provided.
9.13. Upon expiration of the terms specified in clauses 9.11, 9.12 of this Agreement, all errors in the project shall be eliminated by the Contractor at the expense of the Customer.
10. PROCEDURE FOR TERMINATION OF THE AGREEMENT.
10.1. The Contractor has the right to extrajudicially terminate this Agreement unilaterally and terminate the provision of services under this Agreement in the case of:
- The customer violates the requirements of the legislation of Ukraine in carrying out its activities;
- The customer violates the rights of third parties in the field of copyright, consumer, civil and other legislation of Ukraine;
- Claims of third parties to the Contractor regarding the violation of their rights by the Customer;
- The Customer's debt to the Contractor is over UAH 1;
- The Contractor is subject to requests from representatives of state and / or law enforcement agencies to suspend the provision of services to the Customer;
- Requirements of the Customer from the Contractor to perform more than 2 amendments, which were not previously stipulated, as well as changes in the materials already approved between the Parties;
- Inaction on the part of the Customer for five calendar days (ignoring correspondence, e-mails, SMS-mailings, telephone calls, skype calls);
- Unjustifiably lengthy testing of a website, delays in approving or adjusting a phase in excess of more than five calendar days;
- Violation of privacy conditions.
- Requirements of the Customer to make wishes or corrections (correct errors) free of charge two weeks after the notification of the Customer by the Contractor on the completion of the project or stage (contract), as well as one month from the last payment for the project.
- Disrespectful, boorish attitude on the part of the Customer, the Customer's staff or persons representing him to the Contractor and his employees, in the form of use of profanity and degrading words in conversation and appeals to the Contractor, his employees, by e-mail, sms messages, phone calls, skype calls.
10.2. In case of unilateral termination of the contract under one of the conditions specified in clause 10.1. The money paid by the Customer to the Contract shall not be refunded and shall be credited by the Contractor as payment for the services provided at the time of termination of the contract.
10.3. In case of unilateral termination of the contract under one of the conditions specified in clause 10.1. The Contractor shall send to the Customer by e-mail a notice of termination of the contract.
10.3.1. From the moment of sending the notice of termination of the contract to the e-mail address of the Customer, the Agreement is considered terminated, and all obligations except the copyright of the Contractor to the Customer are terminated.
10.4. The Customer has the right at any stage of this Agreement to notify the Contractor by e-mail of termination of this Agreement, in which case the money paid by the Customer is not refunded and credited by the Contractor as payment for services provided at the time of termination.
11. CONFIDENTIALITY CONDITIONS.
11.1. Either Party shall not use the information obtained under this Agreement for purposes that directly or indirectly harm the other Party and / or to obtain any benefit during the term of the Agreement.
- The Parties agree that any information on any media transmitted or received under this Agreement or in connection with its implementation (e-mail, telephone, skype, etc.) will be considered confidential and not may be disclosed to a third party without the mutual consent of the Parties.
- Confidential information does not include information that is determined by the current legislation to be open and the disclosure of which is attributed to the obligations of the Party. The terms of this agreement and the terms of reference are confidential and not subject to disclosure.
- All information provided by the Parties to each other, in any form, remains the exclusive property of the Party that provided such information, unless otherwise provided by this Agreement. Upon written request, the data carriers and any copies thereof shall be returned or destroyed immediately at the first request of the Party.
- Each of the Parties undertakes not to disclose the existence of this Agreement without the prior written consent of the other Party, except where such disclosure is necessary in cases specified by law.
- If a third party files a lawsuit against one of the Parties or takes other actions that may result in the disclosure of confidential information by a party, the Party in respect of which such actions are committed shall immediately notify the other Party to this Agreement.
- A Party to this Agreement shall be liable for: unintentional disclosure (disclosure) or use of confidential information if it does not adhere to the same degree of caution as it would with respect to its own confidential information of similar importance, and after unintentional disclosure or use of such information , does not attempt to stop its unintentional disclosure (publication) or use; unauthorized disclosure (disclosure) or use of confidential information by persons who work or have worked in it on the basis of an employment contract (contract), civil law contract or other basis, if it fails to protect this information with the same high degree of diligence as it would hold similar importance to its own confidential information.
- The Customer entitles the Contractor to use his personal data.
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