This Public Offer Agreement (hereinafter referred to as the ‘Agreement’) is concluded between Zerno Digital Agency, which has a legal address in Kyiv, 14e Mykola Rudenko Blvd, 140, and the person who accepts the terms of this Agreement and is the customer of the services (hereinafter referred to as the ‘Customer’).
The acceptance of the terms of this offer by the Customer is the acceptance of this public offer and confirms the conclusion of the agreement between the parties.
1. TERMS AND DEFINITIONS
1.1. Offer is an offer of the digital agency to provide its services on the terms and conditions specified in the Agreement, which is public and addressed to an unlimited number of persons who accept its terms.
1.2. Acceptance of the offer means full acceptance by the Customer of the terms of this offer, which is confirmed by performing any action aimed at the execution of this Agreement (for example, filling out an order form or confirming via e-mail).
1.3. Services - services provided by the digital agency, as defined in Annex 1 to this Agreement (Price List), including, but not limited to, website development, design, marketing services, SEO optimisation, social media support, contextual advertising and other services.
1.4. Customer - an individual or legal entity that has entered into this Agreement and is the recipient of the Services.
PUBLIC OFFER AGREEMENT
This Public Offer Agreement (hereinafter referred to as the "Agreement") is a legal document governing the relationship between the digital agency [Your Company Name] located at [Address] and any user of the website (hereinafter referred to as the "User") who confirms his/her acceptance of the terms of this Agreement by using the services provided through the website.
Acceptance of the terms of this offer is a confirmation of the conclusion of an agreement between the parties and is legally binding.
1. TERMS AND DEFINITIONS
1.1. Offer - a public offer of the digital agency to provide its services on the terms and conditions specified in this Agreement, which can be accepted by all interested persons.
1.2. Acceptance of the offer - any action of the User confirming the acceptance of this offer, in particular, filling in the feedback form, signing the contract or performing other actions that provide for the provision of services.
1.3. Services - services provided by a digital agency described on the website and including website development and maintenance, marketing services, content creation, social media advertising, SEO and other digital services.
1.4. User means a natural or legal person who has used the Services offered on the Website.
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement sets out the terms and conditions for the provision of the Services described on the website by the User filling in the relevant form on the website or in other ways determined by the Company.
2.2. The digital agency provides the Service in accordance with the selected package or individual order of the User, which provides for the provision of specific services agreed by the parties.
3. TERMS OF SERVICE
3.1. The User undertakes to provide accurate and reliable information necessary for the performance of services.
3.2. The Digital Agency undertakes to provide the Services in accordance with the conditions described on the website and in accordance with the selected service package.
3.3 The cost of the Services is determined depending on the selected package or individual order and is indicated in the invoice that will be sent to the User after submitting the request.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 Responsibilities of the digital agency:
- Provide the Services in accordance with the terms of this Agreement and the description on the Website.- Perform the Services within the terms specified on the website or agreed upon additionally.- Maintain the confidentiality of the User's personal data in accordance with applicable law.
4.2 Responsibilities of the User:
- Provide accurate and reliable information necessary for the performance of the Services.- Pay for the Services on time in accordance with the terms of this Agreement.- Not to infringe copyrights or other intellectual property rights when using the Services.
5. COST AND PAYMENT FOR SERVICES
5.1. The cost of the Services shall be determined in accordance with the price list on the website or in accordance with individual agreements with the digital agency.
5.2. Payment for the Services shall be made by bank transfer or other methods specified on the Website. The User undertakes to pay for the service within the specified time frame.
5.3. If the User fails to pay for the Service within the specified period, the digital agency has the right to suspend the provision of services until full payment is made.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All materials provided under this Agreement (websites, design, content, etc.) shall be the property of the digital agency until the User makes full payment for them.
6.2. The User shall have the right to use the provided materials only for the purposes specified in this Agreement and shall not transfer the rights to them to third parties without prior agreement with the digital agency.
7. CONFIDENTIALITY
7.1. The Digital Agency undertakes not to disclose the User's personal information obtained in the course of performance of this Agreement without his/her consent, except as provided by law.
7.2. The User confirms that he/she provides his/her personal information on a voluntary basis and in accordance with the Privacy Policy published on the Website.
8. LIABILITY OF THE PARTIES
8.1. The Digital Agency shall not be liable for delays or non-performance of services if they are caused by force majeure that could not have been foreseen or avoided.
8.2. The User is responsible for the accuracy of the information provided for the performance of the Services. All costs arising from the provision of inaccurate data shall be borne by the User.
9. AMENDMENTS TO THE AGREEMENT
9.1. The Digital Agency shall have the right to change the terms of this Agreement at any time without prior agreement with the User. Changes shall take effect from the moment they are published on the website.
10. FINAL PROVISIONS
10.1. This Agreement is concluded by acceptance of this public offer by the User and is legally binding on both parties.
10.2. In case of disputes between the parties, they will be resolved through negotiations. If the dispute is not resolved amicably, it shall be subject to consideration in court at the place of registration of the digital agency.
Date of publication of the offer: 01.03.2025