Public Agreement on the Provision of Information and Educational Services
The document, the provisions of which are set out below in the text, constitutes a public offer and a public contract. In accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms are identical for all Clients, and the unconditional acceptance of its terms shall be deemed the Client’s acceptance of this offer.
In accordance with part 2 of Article 642 of the Civil Code of Ukraine, the actions specified in clause 1.5 of this Agreement shall constitute acceptance of this offer, which is tantamount to entering into a public contract for the provision of information and educational services (hereinafter – the “Agreement”) under the terms set forth below.
The individual entrepreneur Romanyuk Ivanna Stanislavivna, acting on the basis of data from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations, entry number 2010350000000321915, entry date June 2, 2023, taxpayer identification number 3466410646, hereinafter referred to as the “Provider,” on the one hand, offers capable natural persons or legal entities, acting through an authorized representative (hereinafter – the “Client”), to receive services in the manner and on the terms provided by this Agreement.
Definitions of Terms
Website Design (landing page / multi-page website / online store website) – a set of services for developing the logical structure and visual design of the Client’s website by creating a mockup using graphic editors.
Landing Page – a small one-page website designed to prompt visitors to take a specific action.
Website Layout (landing page / multi-page website / online store website) – the creation of a web page on the Weblium platform based on a pre-designed Website Design mockup, previously drawn using graphic editors.
Technical Specification / Brief – a document or information provided by the Client via Internet resources that contains details about the Object to be developed as a result of the Service. It defines the main characteristics of the Object, the Client’s requirements and preferences for its individual elements, expected outcomes, etc.
Iteration – a single set of comments on the Object, submitted by the Client as a single document.
Visual Content – a set of services for developing the visual design of the Client’s page on the Instagram social network.
Stories – a feature that allows posting photos and short videos that remain available for viewing for 24 hours.
Carousel Post – an Instagram post format that allows up to 10 photos or videos (or a combination of both) in a single publication.
Guide – a feature that groups information on a specific topic.
Checklist – a list of defined items that outline a sequence of actions, tasks, or elements needed to achieve a given goal.
Internet Resources – various electronic communication channels used for correspondence and interaction between the Parties under the Agreement and with third parties via the Internet, including accounts linked to the Parties’ phone numbers or their representatives, chat and any contact information published on the Internet (including email, social networks such as Facebook, Instagram, etc., and messengers such as WhatsApp, Telegram, etc.), as well as other services (YouTube, TikTok, Skype, Zoom, etc.) and information platforms and resources, hosting providers, and aggregators that provide services for hosting, transmitting, storing information on various servers, and facilitating communication via the World Wide Web.
Object – the tangible (individualized) result created as a result of providing the Services.
Site / Website – a web page accessible on the Internet that contains information regarding the terms of Service under this Agreement, including, but not limited to: https://ridesign.com.ua/
Offer – the Provider’s proposal, posted on the Website and addressed to an unlimited number of natural or legal persons, to join the Public Agreement for the provision of information and educational services.
Personal Data – information or a set of information about an identified or identifiable natural person.
Services – one or more information and/or educational services provided by the Provider, with the terms of provision specified on the Website.
Acceptance – the Client’s full, unconditional, and unreserved consent to enter into this Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
Client – any legally capable natural person or legal entity that wishes to use the Provider’s services and has the technical means to receive such Services.
Tariff – the fee amount established by the Provider for the provision of specific types of Services under this Agreement to the Client (the cost of Services).
1. Subject of the Agreement and General Provisions
1.1. On the basis and under the terms set forth in this Agreement, the Provider shall render to the Client the following services:1.1.1. development of a website, which includes: design of the Website, layout of the Website, and site configuration; and/or1.1.2. creation of visual content for a page on the Instagram social network, which includes: visual design of the page and/or design of Stories, carousel posts and/or design of Guides, checklists, and presentations(hereinafter collectively referred to as the “Services”). The Client accepts such Services and agrees to pay for them in accordance with the chosen Tariff and the terms of this Agreement.1.2. The Services are provided remotely via the Internet.1.3. All terms and the procedure for providing the Services are set forth in this Agreement and on the Provider’s Website.1.4. This Agreement shall be deemed concluded and shall come into force from the moment the Client performs, whether jointly or separately, any of the actions described in clause 1.5 of this Agreement, which constitutes the Client’s full and unconditional acceptance of all terms of this Agreement without any exceptions or limitations, and shall remain in effect for the entire term during which Services are received, or until terminated on the grounds set forth in this Agreement or in accordance with the applicable laws of Ukraine.1.5. The Client accepts this Agreement by performing, jointly or separately, any of the following actions:1.5.1. paying for the Provider’s Services under the terms and in the manner specified in this Agreement and on the corresponding pages of the Website and/or based on an issued invoice;1.5.2. checking the box next to the statement “I have read and agree to the terms of the Public Offer”;1.5.3. submitting a written (including electronic mail) notification to the Provider of acceptance of the terms of this Agreement, sent to the Provider’s email address. The provisions of this sub-clause shall only apply in the event of technical malfunctions on the Provider’s Website that make payment and/or registration/authorization impossible1.6. The performance by the Client of any single action specified in clause 1.5 of this Agreement shall constitute confirmation that the Client has familiarized himself or herself with this Agreement and unconditionally agrees to all of its terms in full.1.7. An Agreement concluded by the Client through acceptance of this public offer shall have the same legal force as a written contract in accordance with Article 642 of the Civil Code of Ukraine.1.8. The Provider shall have the right to engage third parties to perform this Agreement, including by entering into separate agreements with them. The Provider may assign its rights and obligations under this Agreement to third parties without obtaining the Client’s consent, provided that the Provider remains fully responsible to the Client for the actions of such third parties as if they were the Provider’s own actions.1.9. All terms of this Agreement are binding on both the Client and the Provider. Prior to using the Services, the Client is obliged to familiarize himself or herself with the terms of this Agreement. If the Client does not agree with any provision of this Agreement, the Client shall not have the right to use the Provider’s Service1.10. Should the Client disagree with any amendments made by the Provider to this Agreement or with any new Tariffs for Services, the Client must cease using the Services immediately.1.11. Services are provided only to persons aged 16 or older. Services may be provided to minors only upon submission of written consent from a parent or other legal representative of the minor, or if payment for the Services is made by the parent or other legal representative of the minor.
2. Cost of Services, Payment Procedure, and Terms
2.1. The Client shall pay for Services according to one or more Tariffs set by the Provider and published on the Provider’s Website.
2.2. The Provider reserves the right to change the established Tariffs for different types of Services in the event of changes in market conditions or other material circumstances and/or to add new Tariffs. Current information about Tariffs for various Services is available on the Provider’s Website.
2.3. The Parties agree that the final cost of website development services may change during the provision of Services, since the final price depends on the type of site, volume of information, number of pages, additional configurations, the submission of a significant number of revisions, addition of new features not previously specified, increased content volume, and other supplementary Services that the Client requests in the course of service delivery. The Provider will determine the final cost of Services after the Client approves the designed site mockup and any requested revisions. In the event of a price increase, the Client must agree to such increase; payment in accordance with clause 2.4 of this Agreement shall serve as evidence of the Client’s consent to the service price increase. If the Client does not consent, the Provider will cease providing Services under this Agreement, and any payments already made for Services rendered will not be refunded.
2.4. Payment for website development Services shall be made by the Client no later than 2 working days from the date of ordering Services under the chosen Tariff and/or from the date the Provider issues an invoice, in the amount of 50% of the sum determined by the initial cost of the Service according to the chosen Tariff, by non-cash transfer to the Provider’s bank details or via a payment system.
2.5. Payment for Services related to creating visual content for an Instagram page shall be made by the Client no later than 2 working days from the date of ordering Services under the chosen Tariff and/or from the date the Provider issues an invoice, in the amount of 100% of the sum determined by the initial cost of the Service according to the chosen Tariff, by non-cash transfer to the Provider’s bank details or via a payment system.
2.6. After submitting revisions to the site design mockup, the Client shall pay the remaining 50% of the sum determined by the initial cost of the Service according to the chosen Tariff, or shall make final payment of the amount agreed by the Parties in accordance with clause 2.3 of this Agreement, within 2 days.
2.7. The Parties agree that payment for the service/platform on which the site will be hosted is paid separately by the Client and is not included in the cost of the Provider’s Services.
2.8. Payments made by the Client under clause 2.4 of this Agreement are non-refundable in the event of unilateral refusal by the Client to continue under this Agreement, except if the Provider has not commenced providing Services under this Agreement—in such case, the Provider shall refund 50 % of the amount paid.
2.9. If payment is not made, Services under this Agreement shall not be provided.
2.10. In the event of non-usage (or inability to use) the Services paid for by the Client, such Services will not be provided again, will not be refunded in monetary form, and will not be resold or transferred to third parties.
2.11. The cost of Services does not include any fees charged by banks or payment systems for payment processing and/or currency conversion. The Client shall bear all such commission costs in addition. The Client also bears the same costs in the event the Provider refunds payment for Services under the terms of this Agreement.
2.12. The Provider shall not be liable for third-party services related to payment instruments and payment system operators, and may refuse to provide Services if the Provider does not receive payment from the Client—if payment was made through an intermediary and the funds were not received by the Provider. Any risk associated with transferring funds to the Provider’s account rests with the Client until the funds are credited to the Provider’s account.
2.13. Payment shall be deemed made at the moment the funds are credited to the Provider’s account.
3. Terms for Providing Website Development Services
3.1. Provision of the Services shall commence once the Client has paid and accepted the terms of this Agreement (without a physical signature). Before the Provider begins rendering Services, the Client must submit to the Provider a completed Technical Specification / Brief and deliver all materials necessary for the provision of the Services (texts, photos, images, videos, tables, etc.). The Provider shall not begin any work until all materials and information specified in this clause have been received.3.2. After the Provider completes the design of the Website for the first two screens (above the fold), the Provider shall present to the Client the results of the Services rendered up to that point, developed in accordance with the Brief and/or Technical Specification provided by the Client.3.3. The Client has the right to submit comments on the design of the first two screens. On the basis of those comments, the Provider shall make revisions to the design; there is no limit to the number of comments. Once all requested revisions to the first two screens are implemented, the overall design style for the rest of the Website shall be considered approved, and further design work shall proceed in the same style.3.4. Once the Provider has completed the design of the entire Website, the Provider shall present the finished design to the Client.3.5. The Client has the right to submit comments on the completed Website design. On the basis of those comments, the Provider shall make revisions. The Client may request up to five (5) iterations of comments.3.6. All comments submitted by the Client must not contradict the Client’s previously stated requirements in the Technical Specification / Brief or the approved design style, nor exceed the scope of Services specified in clause 1.1 of this Agreement and in the chosen and paid Tariff. If any comment falls outside the original scope, the Provider shall charge separately for implementing those changes, in addition to the amount set forth in clause 2.1 of this Agreement.3.7. After all revisions have been made in accordance with clause 3.5 of this Agreement, the Client shall pay for the remainder of the Service within two (2) working days, in accordance with clause 2.4 of this Agreement.3.8. Once payment is received, the Provider shall proceed to develop (code) the Website (layout) and shall provide the Client with access to the completed Website (the “Object”).3.9. The Provider shall deliver the results of the Services to the Client by e-mail, and/or via messaging apps, and/or by uploading to file-sharing services, and/or by publishing on a platform or service.3.10. The Client may submit substantiated comments to the Provider within three (3) calendar days from the date the results are delivered pursuant to clause 3.9. If the Client does not submit any substantiated comments within that period, the Services shall be deemed delivered properly and accepted by the Client.3.11. If full payment for the Services under this Agreement has not been made, the Client is prohibited from using any materials shown or provided by the Provider under this Agreement. All intellectual property rights to such materials shall remain exclusively with the Provider3.12. For a period of two (2) months from the date the Object is delivered, the Provider shall make minor revisions to the completed Object at the Client’s request. A “minor revision” is defined as a change that does not require more than thirty (30) minutes of the Provider’s time.3.13. Any revisions to the completed Object beyond those specified in clause 3.12 of this Agreement shall be performed by the Provider only upon issuance of a separate invoice. The cost of such additional revision services shall be determined by the Provider upon the Client’s request and is not included within the scope of the website development Services.
4. Terms for Providing Services – Creation of Visual Content for an Instagram Page
4.1. Provision of the Services begins once the Client has paid and accepted the terms of this Agreement (without a written signature). Before the Provider commences Services, the Client must submit a completed Technical Specification / Brief and deliver all necessary materials for providing the Services (texts, photos, images, videos, tables, etc.). The Provider shall not begin any work until all materials and information specified in this clause have been received.
4.2. After completing the development of the visual content for the Instagram page, the Provider shall present to the Client the results of the Services rendered, which have been prepared in accordance with the Brief and/or Technical Specification provided by the Client.
4.3. The Client has the right to submit comments regarding the developed visual content for the Instagram page if the delivered Service does not comply with the conditions of the Brief and/or Technical Specification. The Provider shall implement revisions based on those comments. The Client may request up to five (5) iterations of comments.
4.4. The deadlines for providing the Service are specified on the Website and may be additionally agreed upon through correspondence between the Parties. The Provider will deliver the results of the rendered Services to the Client by e-mail, and/or via messaging apps, and/or by uploading them to file-sharing services, and/or by publishing them on a platform or service.
4.5. The Client may submit substantiated comments to the Provider within three (3) calendar days from the date the results are sent pursuant to clause 4.4 of this Agreement. If the Client does not provide any substantiated comments within that period, the Services shall be deemed properly rendered and accepted by the Client.
5. Disclaimer of Warranties
5.1. The Provider’s Services and all related Service Objects are provided “as is,” without any warranties, express or implied. The Client agrees that they use the Provider’s Services solely at their own discretion and risk and bears full responsibility for any consequences.
5.2. The Provider shall not be liable for any outcomes not achieved by the Client, including but not limited to results, accomplishments, employment, earnings, reputation, or other risks that may arise from the use of the Provider’s Services.
6. Intellectual Property Rights
6.1. The Parties acknowledge and agree that all results of the Provider’s activities arising from the provision of Services under this Agreement, and all intellectual property rights therein, shall transfer in full and exclusively to the Client. The Provider retains no rights to the results of Services provided under this Agreement.
6.2. Under this Agreement, the Provider transfers to the Client all exclusive proprietary intellectual property rights to all results of Services to be rendered under this Agreement, provided that the Client has paid in full for such Services.
6.3. The Provider understands and agrees that it does not retain any proprietary copyright or related proprietary rights to the results of Services rendered. The Provider further guarantees that any proprietary copyright and related rights of any persons who participated in the design process fully belong to the Client, and that all such persons have not retained any proprietary rights to the results of Services rendered.
6.4. The Provider’s personal, non-proprietary intellectual property rights remain with the Provider. The Parties agree that the Provider retains the right to use the results of the Services (the “Object”) for the Provider’s demonstration portfolio, and for publishing its own advertising, including on the Internet and on social media pages. The Client consents to the placement of a link to the Provider, as the developer of this site, on the Website developed under this Agreement.
7. Liability of the Parties and Dispute Resolution
7.1. All disputes and disagreements that may arise in the performance of this Agreement shall be resolved through negotiations between the Parties.
7.2. If any dispute cannot be resolved through negotiations, such dispute shall be submitted to the competent court at the Provider’s place of business.
7.3. The Provider reserves the right to refuse to provide Services and to terminate this Agreement unilaterally at any time without refunding any payments made by the Client if the Client breaches the terms of this Agreement, in particular, but not limited to, the following circumstances:
7.3.1. Publication by the Client—on any Internet resources, on the Provider’s Website, in comments and/or chats during the provision of Services, in the press, via radio or television broadcasts, using other mass media (including social media)—or in profiles, statements, letters addressed to others, or in public speeches, or in any other form disseminated to an unspecified number of persons or to at least one person, of information that is prohibited by this Agreement, is false or inaccurate regarding the Provider or the Services received; or information that incites interethnic conflict, promotes or supports the military aggression of the Russian Federation against Ukraine; or contains obscene language or otherwise insults other Clients, the Provider, or third parties engaged by the Provider; or publication of information on the Provider’s Platforms or Website that is unrelated to the subject matter of the Services; or publication of advertising content.
7.3.2. Defamation, insults, or slander against the Provider and/or third parties engaged by the Provider to deliver the Services; or any finding that the Client has violated the Provider’s intellectual property rights before those rights were transferred to the Client.
7.3.3. Disclosure to third parties of information about other Clients obtained during the provision of Services, as well as disclosure of the Provider’s Service methodologies or any other confidential information or trade secrets.
7.3.4. Failure by the Client to pay the full amount owed for Services, as specified in Section 2 of this Agreement.
7.3.5. Any other breach by the Client of its obligations under this Agreement.
7.4. In the event of any of the breaches specified in clause 7.3 of this Agreement, any payments credited to the Provider’s account by the Client shall not be refunded, transferred to any third party, or otherwise compensated.
7.5. If the Client fails to make payments to the Provider by the deadlines specified in Section 2 of this Agreement, the Client shall pay the Provider a penalty of 1% of the overdue amount for each day of delay.
8. Agreement on the Procedure for Collecting, Storing, Processing, Using, and Disclosing Personal Data (Privacy Policy)
8.1. By purchasing Services, the Client gives voluntary consent to the collection, processing, use, and storage of personal data.
The personal data collected may include: surname, first name, age, telephone number, email address, information related to professional activity, links to social networks (Telegram, Instagram), as well as other personal information provided in questionnaires, pre-registration form requests, feedback messages, and technical specifications.
8.2. Collection, processing, and use of personal data are carried out for the purpose of: ensuring communication with the Client in order to provide the Services.
8.3. Personal data shall be stored only for as long as necessary to fulfill the purpose specified in this Agreement (i.e., for the duration of the relationship between the Client and the Provider or as long as the Provider is required to maintain records of such a relationship).
8.4. The Client acknowledges that confidentiality of data transmitted over the Internet cannot be guaranteed. If third parties outside the Provider’s technical control gain access to such data, the Provider shall not be held liable for any damage caused by that unauthorized access.
8.5. The Client consents, and the Provider may disclose personal data to third parties who perform their obligations related to the provision of Services on behalf of the Provider (e.g., for developing the Object, for communication purposes, or for resolving technical issues).
8.6. Data owners, data controllers, processors of personal data, and any third parties must ensure protection of such data against accidental loss, destruction, and unauthorized processing.
8.7. The Provider informs the Client, as a data subject, that the Client has the rights granted by the Law of Ukraine “On Protection of Personal Data.” The full text of the law is available at: https://zakon.rada.gov.ua/laws/show/2297-17#Text.
9. Force Majeure Circumstances
9.1. The Parties shall be released from liability for failure or improper performance of their obligations if such failure or improper performance resulted from force majeure circumstances. “Force majeure circumstances” are events arising beyond the will or against the will or desire of the Parties that could not have been foreseen or prevented, including: military actions, civil unrest, epidemics, blockades, fires, earthquakes, other natural phenomena or disasters, interruptions in electricity supply and in communications used to provide the Services, adoption of acts by state authorities, and other circumstances beyond the Parties’ control that make it impossible to timely, fully, and properly perform obligations under this Agreement.
9.2. If the Provider is unable to perform its obligations under this Agreement due to force majeure circumstances, the Provider must notify the Client of their onset/cessation by posting an electronic notice on the Website or Platform. Such notice shall constitute proper confirmation of the occurrence of the relevant circumstances and, at the Client’s request under this Agreement, the Provider may subsequently furnish a document from the competent authority responsible for establishing the existence of those circumstances.
9.3. If force majeure circumstances arise for the Client, the Client must notify the Provider within five (5) days from the date such circumstances occur or from the date the Client is able to notify the Provider of the occurrence of such force majeure circumstances. After the force majeure circumstances cease, the Client must notify the Provider of such cessation within five (5) days from the date the circumstances end or from the date the Client is able to notify the Provider of the cessation of those force majeure circumstances
9.4. If force majeure circumstances continue for more than twenty (20) consecutive calendar days, each Party shall have the right to refuse further performance of its obligations under this Agreement, and in such case, neither Party shall have the right to seek compensation from the other Party for any potential losses.
9.5. The Parties acknowledge and agree that they understand and accept the existence of force majeure circumstances, namely the military aggression of the Russian Federation against Ukraine, which served as the basis for the imposition of martial law as of 05:30 on February 24, 2022, as confirmed by Letter No. 024/02.0-7.1 of February 28, 2022, from the Chamber of Commerce and Industry of Ukraine. Furthermore, the Parties agree that in the event of active hostilities on the territory where the Provider is located, the period for provision of the Services may be extended due to temporary suspension, and the Client shall not have the right to terminate this Agreement on that basis.
10. Privacy
10.1. In the course of performing this Agreement, the Parties will mutually exchange confidential and/or internal information that is their property and which they wish to protect.
10.2. The Provider and the Client undertake not to disclose Confidential Information related to this Agreement during its term and for one (1) year after its termination.
10.3. Confidential Information may include, but is not limited to: ideas, concepts, business plans, inventions, discoveries, technical and commercial processes, design solutions, specifications, samples, improvements, marketing data, client names, and trade secrets, whether or not they are patented, registered, or otherwise publicly protected; as well as any commercial, financial, technical, or strategic information.
10.4. Information received by the Parties shall not be considered Confidential Information if the other Party can provide documentary evidence of any of the following: the information was publicly available as of its disclosure date; the information was known to the Party before receiving it from the other Party; or the information was independently developed by the Party’s employees who had no access to the Confidential Information and without violating any terms of this Agreement.
10.5. Failure to fulfill the obligations regarding maintaining confidentiality shall constitute grounds for full compensation of damages sustained by the injured Party.
10.6. Information publicly disclosed by the Client, including during marketing and advertising campaigns, shall not be considered Confidential Information.
11. Other Terms of the Agreement
11.1. This Agreement shall become effective as of the moment specified in clause 1.5 of this Agreement, is deemed concluded for an indefinite term, and shall remain in force until it is terminated and/or until the Parties have fully performed their obligations under this Agreement. The Agreement shall be deemed automatically terminated (ended) in the following cases: the Client has fully utilized the Provider’s Services for which payment was made; or the Client has not utilized the Provider’s Services of their own volition.
11.2. The Client shall have the right to unilaterally withdraw from this Agreement at any time by providing the Provider with at least seven (7) days’ written notice prior to the intended date of withdrawal. In such a case, the Client shall no longer have the right to use the Provider’s Services, and any funds paid under this Agreement shall not be refunded or otherwise compensated. To withdraw from receiving Services, the Client may also simply refrain from making payment for such Services.
11.3. The Provider shall have the right to independently amend and/or supplement the terms of this Agreement and its annexes, including the rules for providing and receiving Services under this Agreement. The Provider guarantees and confirms that the current version of this Agreement and its annexes, including the rules for providing and receiving Services under this Agreement, posted on the Provider’s Website, is valid.
11.4. This Agreement is published on the Website and was last updated on July 12, 2023.
12. Provider’s details
Private Entrepreneur Romanyuk Ivanna Stanislavivna
Location: Ukraine, 45605, Volyn Oblast, Lutsk Raion, Boratyn Village, Chornovola Street, 48a
Taxpayer ID: 3466410646
Account: IBAN UA203052990000026006030813048 at JSC CB “PrivatBank”